33 U.S.C. § 892 — Definitions

Page 265 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 892 Statutory Notes and Related Subsidiaries FISHERIES RESEARCH VESSEL PROCUREMENT Pub. L. 106–450, title IV, § 401, Nov. 7, 2000, 114 Stat. 1945, provided that: ‘‘Notwithstanding section 644 of title 15, United States Code, and section 19.502–2 of title 48, Code of Federal Regulations, the Secretary of Com- merce shall seek to procure Fisheries Research Vessels through full and open competition from responsible United States shipbuilding companies irrespective of size.’’ § 891e–1. Shipyards located outside of the United States On and after December 26, 2007, none of the funds made available in this Act or any other Act may be used for the construction, repair (other than emergency repair), overhaul, conver- sion, or modernization of vessels for the Na- tional Oceanic and Atmospheric Administration in shipyards located outside of the United States. (Pub. L. 110–161, div. B, title V, § 506, Dec. 26, 2007, 121 Stat. 1925.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is div. B of Pub. L. 110–161, Dec. 26, 2007, 121 Stat. 1884, known as the Com- merce, Justice, Science, and Related Agencies Appro- priations Act, 2008. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Commerce, Jus- tice, Science, and Related Agencies Appropriations Act, 2008, and also as part of the Consolidated Appro- priations Act, 2008, and not as part of the NOAA Fleet Modernization Act which comprises this subchapter. § 891f. Use of vessels (a) Vessel agreements In implementing the NOAA fleet replacement and modernization program, the Secretary shall use excess capacity of UNOLS vessels where ap- propriate and may enter into memoranda of agreement with the operators of these vessels to carry out this requirement. (b) Report to Congress Within one year after October 29, 1992, the Comptroller General of the United States shall provide a report to Congress, in consultation with the Secretary, comparing the cost-effi- ciency, accounting, and operating practices of the vessels of NOAA, UNOLS, other Federal agencies, and the United States private sector in meeting the missions of NOAA. (Pub. L. 102–567, title VI, § 608, Oct. 29, 1992, 106 Stat. 4303.) § 891g. Interoperability The Secretary shall consult with the Oceanog- rapher of the Navy regarding appropriate meas- ures that should be taken, on a reimbursable basis, to ensure that NOAA vessels are inter- operable with vessels of the Department of the Navy, including with respect to operation, main- tenance, and repair of those vessels. (Pub. L. 102–567, title VI, § 609, Oct. 29, 1992, 106 Stat. 4303.) Statutory Notes and Related Subsidiaries INTEROPERABILITY OF VESSELS Pub. L. 102–567, title IV, § 401(b)(5), Oct. 29, 1992, 106 Stat. 4291, provided that: ‘‘The Secretary of Commerce shall consult with the Oceanographer of the Navy re- garding appropriate cost effective and practical meas- ures to allow vessels of the National Oceanic and At- mospheric Administration to be interoperable with ves- sels of the Department of the Navy, including with re- spect to operation, maintenance, and repair of those vessels.’’ § 891h. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary for carrying out this subchapter— (1) $50,000,000 for fiscal year 1993; (2) $100,000,000 for fiscal year 1994; and (3) such sums as are necessary for each of the fiscal years 1995, 1996, and 1997. (b) Limitation on fleet modernization activities All National Oceanic and Atmospheric Admin- istration fleet modernization shipbuilding, and conversion shall be conducted in accordance with this subchapter. (Pub. L. 102–567, title VI, § 610, Oct. 29, 1992, 106 Stat. 4303.) SUBCHAPTER IV—NOAA HYDROGRAPHIC SERVICES § 892. Definitions In this subchapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the National Oceanic and At- mospheric Administration. (2) Administration The term ‘‘Administration’’ means the Na- tional Oceanic and Atmospheric Administra- tion. (3) Hydrographic data The term ‘‘hydrographic data’’ means infor- mation that— (A) is acquired through— (i) hydrographic, bathymetric, photo- grammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal- related surveying; (ii) geodetic, geospatial, or geomagnetic measurements; (iii) tide, water level, and current obser- vations; or (iv) other methods; and (B) is used in providing hydrographic serv- ices. (4) Hydrographic services The term ‘‘hydrographic services’’ means— (A) the management, maintenance, inter- pretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, includ- ing the production of nautical charts, nau- tical information databases, hydrodynamic forecast and datum transformation models, Page 266 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 892a 1 See References in Text note below. and other products derived from hydro- graphic data; (B) the development of nautical informa- tion systems; and (C) related activities. (5) Coast and Geodetic Survey Act The term ‘‘Coast and Geodetic Survey Act’’ means the Act entitled ‘‘An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes’’, approved Au- gust 6, 1947 (33 U.S.C. 883a et seq.). (Pub. L. 105–384, title III, § 302, Nov. 13, 1998, 112 Stat. 3454; Pub. L. 107–372, title I, § 102, Dec. 19, 2002, 116 Stat. 3079; Pub. L. 110–386, § 2, Oct. 10, 2008, 122 Stat. 4106; Pub. L. 117–263, div. J, title CIII, § 10308(a), Dec. 23, 2022, 136 Stat. 3980.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 105–384, Nov. 13, 1998, 112 Stat. 3454, which is classified prin- cipally to this subchapter. For complete classification of this title to the Code, see Short Title of 1998 Amend- ment note set out under section 851 of this title and Ta- bles. Act of August 6, 1947, referred to in par. (5), is act Aug. 6, 1947, ch. 504, 61 Stat. 787, which is classified gen- erally to subchapter II of this chapter. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2022—Par. (4)(A). Pub. L. 117–263 inserted ‘‘hydro- dynamic forecast and datum transformation models,’’ after ‘‘nautical information databases,’’. 2008—Pars. (3) to (5). Pub. L. 110–386, which directed the amendment of section ‘‘303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892)’’ by adding pars. (3) to (5) and striking out former pars. (3) to (5), was executed to this section, which is section 302 of the Hydrographic Services Improvement Act of 1998, to reflect the probable intent of Congress. Prior to amendment, pars. (3) to (5) defined the terms ‘‘hydro- graphic data’’, ‘‘hydrographic services’’, and ‘‘Act of 1947’’, respectively. 2002—Par. (3). Pub. L. 107–372, § 102(1), inserted ‘‘, geospatial, or geomagnetic’’ after ‘‘geodetic’’. Par. (4). Pub. L. 107–372, § 102(2), inserted ‘‘geospatial, geomagnetic,’’ after ‘‘geodetic,’’. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘Hydro- graphic Services Improvement Act of 1998’’, see section 301 of Pub. L. 105–384, set out as a Short Title of 1998 Amendment note under section 851 of this title. § 892a. Functions of the Administrator (a) Responsibilities To fulfill the data gathering and dissemina- tion duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the pur- poses of this subchapter, the Administrator shall— (1) acquire and disseminate hydrographic data and provide hydrographic services; (2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services; (3) promulgate standards for hydrographic services provided by the Administration; (4) ensure comprehensive geographic cov- erage of hydrographic services, in cooperation with other appropriate Federal agencies; (5) maintain a national database of hydro- graphic data, in cooperation with other appro- priate Federal agencies; (6) provide hydrographic services in uniform, easily accessible formats; (7) participate in the development of, and implement for the United States in coopera- tion with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and (8) to the greatest extent practicable and cost-effective, fulfill the requirements of para- graphs (1) and (6) through contracts or other agreements with private sector entities. (b) Authorities To fulfill the data gathering and dissemina- tion duties of the Administration under the Coast and Geodetic Survey Act, promote preci- sion navigation, safe, efficient, and environ- mentally sound marine transportation, and oth- erwise fulfill the purposes of this subchapter, subject to the availability of appropriations, the Administrator— (1) may procure, lease, evaluate, test, de- velop, and operate vessels, equipment, and technologies necessary to ensure safe naviga- tion and maintain operational expertise in hy- drographic data acquisition and hydrographic services; (2) shall, subject to the availability of appro- priations, design, install, maintain, and oper- ate real-time hydrographic monitoring sys- tems and hydrodynamic forecast models to en- hance navigation safety and efficiency and provide foundational information and services required to support coastal resilience planning for coastal transportation and other infra- structure, coastal protection and restoration projects, and related activities; (3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydro- graphic data and provide hydrographic serv- ices to support the conservation and manage- ment of coastal and ocean resources; (4) where appropriate, may acquire hydro- graphic data and provide hydrographic serv- ices to save and protect life and property and support the resumption of commerce in re- sponse to emergencies, natural and man-made disasters, and homeland security and mari- time domain awareness needs, including ob- taining mission assignments (as defined in sec- tion 741 of title 6); (5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems ap- propriate or necessary to carry out the pur- poses of this subchapter; and (6) notwithstanding the existence of such joint centers, shall award contracts for the ac- quisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40.1