33 U.S.C. § 883a (NAVIGATION AND NAVIGABLE WATERS)
§ 883a. Surveys and other activities
To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Secretary of Commerce, is authorized to conduct the following activities:
(1) Hydrographic and topographic surveys;
(2) Tide and current observations;
(3) Geodetic-control surveys;
(4) Field surveys for aeronautical charts;
(5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude.
(Aug. 6, 1947, ch. 504, § 1, 61 Stat. 787; Pub. L. 86–409, Apr. 5, 1960, 74 Stat. 16; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.)
heading: Editorial Notes
heading: Amendments
text: 1960—Pub. L. 86–409 struck out provisions which restricted the Coast and Geodetic Survey in the conduct of its specified activities to the United States, its Territories and possessions, and which restricted hydrographic and topographic surveys to surveys of coastal water and land areas (including offlying islands, banks, shoals, and other offshore areas), and to surveys of lakes, rivers, reservoirs, and other inland waters not otherwise provided for by statute.
heading: Statutory Notes and Related Subsidiaries
heading: Continuous Plankton Recorder Survey
text: Pub. L. 117–328, div. JJ, title III, § 301, Dec. 29, 2022, 136 Stat. 6092, provided that:
“(a) In General.—
Not later than 180 days after the date of enactment of this Act [Dec. 29, 2022], and on an ongoing basis thereafter, the Secretary of Commerce shall conduct a Continuous Plankton Recorder survey.
“(b) Required Elements.—
For the purpose of conducting the survey required under subsection (a), the Northeast Fisheries Science Center shall—
“(1) to the extent possible, utilize the resources of and partner with, on a volunteer basis, research institutions, nonprofit organizations, commercial vessels, and other Federal agencies;
“(2) in as short a time as possible, ensure relevant survey samples and results are analyzed, stored, archived, and made publicly available;
“(3) prioritize the collection of plankton samples and data that inform the conservation of North Atlantic right whales; and
“(4) to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding of plankton abundance and distribution.
“(c) Authorization of Appropriations.—
To carry out this section there is authorized to be appropriated to the Secretary of Commerce $300,000 for each of fiscal years 2023 through 2032, which shall be derived from existing funds otherwise appropriated to the Secretary.”
heading: Great Lakes Environmental Sensitivity Index
text: Pub. L. 116–274, Dec. 31, 2020, 134 Stat. 3356, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Great Lakes Environmental Sensitivity Index Act of 2020’.
“SEC. 2. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES.
“(a) Update Required for Environmental Sensitivity Index Products for Great Lakes.—
Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2020], the Under Secretary for Oceans and Atmosphere shall commence updating the environmental sensitivity index products of the National Oceanic and Atmospheric Administration for each coastal area of the Great Lakes.
“(b) Periodic Updates for Environmental Sensitivity Index Products Generally.—
Subject to the availability of appropriations and the priorities set forth in subsection (c), the Under Secretary shall—
“(1) periodically update the environmental sensitivity index products of the Administration; and
“(2) endeavor to do so not less frequently than once every 7 years.
“(c) Priorities.—
When prioritizing geographic areas to update environmental sensitivity index products, the Under Secretary shall consider—
“(1) the age of existing environmental sensitivity index products for the areas;
“(2) the occurrence of extreme events, be it natural or man-made, which have significantly altered the shoreline or ecosystem since the last update;
“(3) the natural variability of shoreline and coastal environment; and
“(4) the volume of vessel traffic and general vulnerability to spilled pollutants.
“(d) Environmental Sensitivity Index Product Defined.—
In this section, the term ‘environmental sensitivity index product’ means a map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources.
“(e) Funding.—
Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated for the Under Secretary that are enacted after the date of the enactment of this Act.”
heading: Great Lakes Mapping
text: Pub. L. 100–220, title III, subtitle B, Dec. 29, 1987, 101 Stat. 1475, as amended by Pub. L. 100–629, § 3, Nov. 7, 1988, 102 Stat. 3286, provided that:
“SEC. 3201. SHORT TITLE.
“This subtitle may be cited as the ‘Great Lakes Shoreline Mapping Act of 1987’.
“SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN.
“(a) Preparation of Plan.—
Not later than nine months after the date of the enactment of this subtitle [Dec. 29, 1987], the Director, in consultation with the Director of the United States Geological Survey, shall submit to the Congress a plan for preparing maps of the shoreline of the Great Lakes under section 3203.
“(b) Content of Plan.—
A plan prepared under paragraph (1) shall include—
“(1) a work proposal and a division of responsibilities between the National Oceanic and Atmospheric Administration and the United States Geological Survey;
“(2) a time schedule for completion of maps;
“(3) recommendation of funding needed for preparing the maps; and
“(4) an area mapping schedule, with first priority given to shoreline areas subject to a high risk of erosion or flooding.
“SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS.
“(a) In General.—
The [sic] following completion of a shoreline mapping plan under section 3202 and subject to authorization and appropriation of funds, the Director, in consultation with the Director of the United States Geological Survey, shall prepare maps of the shoreline areas of the Great Lakes.
“(b) Content of Maps.—
Maps prepared under this section—
“(1) shall include—
“(A) bathymetry of the nearshore area, to the extent that this area will affect coastal erosion and flooding;
“(B) topography of the adjacent shoreline, to the extent that this area will directly affect or be affected by coastal erosion and flooding;
“(C) the geological conditions of the nearshore area and shoreline to the extent that these areas will directly affect or be affected by coastal erosion and flooding;
“(D) information on the recent geological past of the nearshore area and shoreline areas described in paragraph (3); and
“(E) appropriate information for use in predicting and preventing damage caused by erosion and flooding in the Great Lakes;
“(2) shall be of appropriate scale and detail and take into account the greater informational needs of areas subject to a high risk of erosion or flooding; and
“(3) to the maximum extent practicable, shall be consistent with similar shoreline maps prepared by, or for the use of, the Government of Canada.
“(c) Consultation.—
In preparing maps under this section, the Director shall consult with, and take into consideration, the informational needs of—
“(1) the Army Corps of Engineers;
“(2) the Federal Emergency Management Agency;
“(3) other appropriate Federal agencies;
“(4) the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;
“(5) appropriate local government units; and
“(6) the general public.
“(d) Availability of Maps.—
The Director shall make maps prepared under this section available to—
“(1) Federal agencies;
“(2) State governments;
“(3) local government units;
“(4) the Government of Canada; and
“(5) the general public.
“(e) Recovery of Costs.—
The costs of reproducing and distributing maps prepared under this section may be recovered under section 9701 of title 31, United States Code, or another law.
“SEC. 3204. CONTRACT AUTHORITY.
“The Director may, subject to appropriations, enter into contracts and agreements on a reimbursable or cost-sharing basis with other Federal agencies, State governments, local governments, and private entities, to carry out this subtitle.
“SEC. 3205. DEFINITIONS.
“For purposes of this subtitle—
“(1) The term ‘Director’ means the Director of Charting and Geodetic Services of the National Ocean Service, within the National Oceanic and Atmospheric Administration.
“(2) The term ‘Great Lakes’ means Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint Mary’s River, the Saint Clair River, the Detroit River, the Niagara River, the Saint Lawrence River to the Canadian border, to the extent such lakes and rivers are subject to the jurisdiction of the United States.
“(3) The term ‘high risk of erosion’ means subject to erosion at a rate greater than 1 foot per year.
“SEC. 3206. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to carry out section 3202 not more than $100,000 for fiscal year 1989. Amounts appropriated pursuant to this section shall remain available until expended.”
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.]
[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
heading: Transfer of Functions
text: Functions of Secretary and other officers of Department of Commerce under sections 883a to 883h of this title that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts, products, and services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation Administration effective Oct. 1, 2000, see section 44721(c)(1) of Title 49, Transportation.
heading: Executive Documents
heading: Transfer of Functions
text: Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director. For further details, see note set out under section 851 of this title.