33 U.S.C. § 3611 — Assessing and modeling named storms

Page 989 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3611 (F) unmanned maritime systems tech- nology gaps; (6) an assessment regarding activities to in- tegrate Federal and non-Federal assets, na- tionally and on the regional level, and discus- sion of the performance and effectiveness of regional coastal observing systems to coordi- nate regional observation operations; (7) a description of benefits of the program to users of data products resulting from the System (including the general public, indus- tries, scientists, resource managers, emer- gency responders, policy makers, and edu- cators); (8) recommendations, if any, concerning— (A) modifications to the System; and (B) funding levels for the System in subse- quent fiscal years; and (9) the results of a periodic external inde- pendent programmatic audit of the System. (Pub. L. 111–11, title XII, § 12307, Mar. 30, 2009, 123 Stat. 1435; Pub. L. 116–271, title I, § 105, Dec. 31, 2020, 134 Stat. 3339.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–271 amended section generally. Prior to amendment, section required that no later than 2 years after March 30, 2009, and every 2 years thereafter, the Administrator was to prepare and the President acting through the Council was to approve and trans- mit to Congress a report on progress made in imple- menting this chapter. § 3607. Public-private use policy The Council shall maintain a policy that de- fines processes for making decisions about the roles of the Federal Government, the States, re- gional coastal observing systems, the academic community, and the private sector in providing to end-user communities environmental infor- mation, products, technologies, and services re- lated to the System. The Administrator shall ensure that the National Oceanic and Atmos- pheric Administration adheres to the decision making process developed by the Council regard- ing the roles of the Federal Government, the States, the regional coastal observing systems, the academic community, and the private sector in providing end-user communities environ- mental information, data products, tech- nologies, and services related to the System. (Pub. L. 111–11, title XII, § 12308, Mar. 30, 2009, 123 Stat. 1435; Pub. L. 116–271, title I, § 106, Dec. 31, 2020, 134 Stat. 3340.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–271 amended section generally. Prior to amendment, section required the Council to develop a public-private use policy within 6 months after March 30, 2009. § 3608. Repealed. Pub. L. 116–271, title I, § 107(a), Dec. 31, 2020, 134 Stat. 3341 Section, Pub. L. 111–11, title XII, § 12309, Mar. 30, 2009, 123 Stat. 1436, related to independent cost estimates to be sent to Congress within 1 year after Mar. 30, 2009. § 3609. Intent of Congress It is the intent of Congress that funding pro- vided to agencies of the Council to implement this chapter shall supplement, and not replace, existing sources of funding for other programs. It is the further intent of Congress that agencies of the Council shall not enter into contracts or agreements for the development or procurement of new Federal assets for the System that are es- timated to be in excess of $250,000,000 in life- cycle costs without first providing adequate no- tice to Congress and opportunity for review and comment. (Pub. L. 111–11, title XII, § 12310, Mar. 30, 2009, 123 Stat. 1436.) § 3610. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce to support the inte- grated oceans observations under this chapter— (1) $48,000,000 for fiscal year 2021; (2) $50,000,000 for fiscal year 2022; (3) $52,000,000 for fiscal year 2023; (4) $54,000,000 for fiscal year 2024; and (5) $56,000,000 for fiscal year 2025. (Pub. L. 111–11, title XII, § 12311, Mar. 30, 2009, 123 Stat. 1436; Pub. L. 116–271, title I, § 108, Dec. 31, 2020, 134 Stat. 3341.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–271 amended section generally. Prior to amendment, section related to authorization of ap- propriations for fiscal years 2009 to 2013. § 3611. Assessing and modeling named storms over coastal States (a) Definitions In this section: (1) COASTAL Formula The term ‘‘COASTAL Formula’’ has the meaning given the term in section 4057(a) of title 42. (2) Coastal State The term ‘‘coastal State’’ has the meaning given the term ‘‘coastal state’’ in section 1453 of title 16, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss alloca- tion system. (3) Coastal waters The term ‘‘coastal waters’’ has the meaning given the term in such section. (4) Covered data The term ‘‘covered data’’ means, with re- spect to a named storm identified by the Ad- ministrator under subsection (b)(2)(A), empir- ical data that are— (A) collected before, during, or after such storm; and (B) necessary to determine magnitude and timing of wind speeds, rainfall, the baro- metric pressure, river flows, the extent, height, and timing of storm surge, topo- graphic and bathymetric data, and other Page 990 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3611 measures required to accurately model and assess damage from such storm. (5) Indeterminate loss The term ‘‘indeterminate loss’’ has the meaning given the term in section 4057(a) of title 42. (6) Named storm The term ‘‘named storm’’ means any orga- nized weather system with a defined surface circulation and maximum sustained winds of at least 39 miles per hour which the National Hurricane Center of the United States Na- tional Weather Service names as a tropical storm or a hurricane. (7) Named Storm Event Model The term ‘‘Named Storm Event Model’’ means the official meteorological and oceano- graphic computerized model, developed by the Administrator under subsection (b)(1)(A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with named storms for which post-storm as- sessments are conducted. (8) Participant The term ‘‘participant’’ means a Federal, State, or private entity that chooses to co- operate with the Administrator in carrying out the provisions of this section by col- lecting, contributing, and maintaining covered data. (9) Post-storm assessment The term ‘‘post-storm assessment’’ means a scientific assessment produced and certified by the Administrator to determine the mag- nitude, timing, and spatial variations of winds, rainfall, and storm surges associated with a specific named storm to be used in the COASTAL Formula. (10) State The term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (b) Named Storm Event Model and post-storm as- sessment (1) Establishment of Named Storm Event Model (A) In general Not later than December 31, 2020, the Ad- ministrator shall develop the Named Storm Event Model. (B) Accuracy The Named Storm Event Model shall be designed to generate post-storm assess- ments, as provided in paragraph (2), that have a degree of accuracy of not less than 90 percent for an indeterminate loss for which a post-storm assessment is utilized. (C) Public review The Administrator shall seek input and suggestions from the public before the Named Storm Event Model, or any modifica- tion to the Named Storm Event Model, takes effect. (2) Post-storm assessment (A) Identification of named storms threat- ening coastal States After the establishment of the COASTAL Formula, the Administrator shall, in con- sultation with the Secretary of Homeland Security, identify named storms that may reasonably constitute a threat to any por- tion of a coastal State. (B) Data collection (i) In general Upon identification of a named storm under subparagraph (A), and pursuant to the protocol established under subsection (c), the Administrator may deploy sensors to enhance the collection of covered data in the areas in coastal States that the Ad- ministrator determines are at the highest risk of experiencing geophysical events that would cause indeterminate losses. (ii) Rule of construction If the Administrator takes action under clause (i), that action may not be con- strued as indicating that a post-storm as- sessment will be developed for any coastal State in which that action is taken. (C) Identification of indeterminate losses in coastal States Not later than 30 days after the first date on which sustained winds of not less than 39 miles per hour are measured in a coastal State during a named storm identified under subparagraph (A), the Secretary of Home- land Security shall notify the Administrator with respect to the existence of any indeter- minate losses in that coastal State resulting from that named storm. (D) Post-storm assessment required Upon confirmation of indeterminate losses identified under subparagraph (C) with re- spect to a named storm, the Administrator shall develop a post-storm assessment for each coastal State that suffered such inde- terminate losses as a result of the named storm using the Named Storm Event Model and covered data collected for such named storm pursuant to the protocol established under subsection (c)(1). (E) Submittal of post-storm assessment Not later than 90 days after any indetermi- nate losses are identified under subpara- graph (C), the Administrator shall submit to the Secretary of Homeland Security the post-storm assessment developed under sub- paragraph (D) for any coastal State that suf- fered such indeterminate losses. (F) Separate post-storm assessments for a single named storm (i) In general The Administrator may conduct a sepa- rate post-storm assessment for each coast- al State in which indeterminate losses are identified under subparagraph (C). (ii) Timeline If the Administrator conducts a separate post-storm assessment under clause (i), Page 991 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3611 the Administrator shall complete the as- sessment based on the dates of actions that the Administrator takes under sub- paragraph (D). (3) Accuracy The Administrator shall ensure, to the greatest extent practicable, that each post- storm assessment developed under paragraph (2) has a degree of accuracy of not less than 90 percent. (4) Certification For each post-storm assessment carried out under paragraph (2), the Administrator shall— (A) certify the degree of accuracy for such assessment, including specific reference to any segments or geographic areas for which the assessment is less than 90 percent accu- rate; and (B) report such certification to the Sec- retary of Homeland Security for the pur- poses of use with indeterminate loss claims under section 4057 of title 42. (5) Finality of determinations A certification of the degree of accuracy of a post-storm assessment under this subsection by the Administrator shall be final and shall not be subject to judicial review. (6) Availability The Administrator shall make available to the public the Named Storm Event Model and any post-storm assessment developed under this subsection. (c) Establishment of a protocol for post-storm as- sessment (1) In general Not later than December 31, 2020, the Admin- istrator shall establish a protocol, based on the plan submitted under subsection (d)(3), to collect and assemble all covered data required by the Administrator to produce post-storm assessments required by subsection (b), includ- ing assembling data collected by participants and stored in the database established under subsection (f) and from such other sources as the Administrator considers appropriate. (2) Acquisition of sensors and structures If the Administrator is unable to use a pub- lic or private asset to obtain covered data as part of the protocol established under para- graph (1), the Administrator may acquire such sensors and structures for the placement of sensors as may, in the discretion of the Ad- ministrator, be necessary to obtain such data. (3) Use of Federal assets If the protocol requires placement of a sen- sor to develop assessments pursuant to sub- section (b), the Administrator shall, to the ex- tent practicable, use Federal assets for the placement of such sensors. (4) Use of acquired structures (A) In general If the Administrator acquires a structure for the placement of a sensor for purposes of such protocol, the Administrator shall to the extent practical permit other public and private entities to place sensors on such structure to collect— (i) meteorological data; (ii) national security-related data; (iii) navigation-related data; (iv) hydrographic data; or (v) such other data as the Administrator considers appropriate. (B) Receipt of consideration The Administrator may receive and ex- pend consideration for the placement of a sensor on a structure under subparagraph (A). (C) In-kind consideration Consideration received under subpara- graph (B) may be received in-kind. (D) Use of consideration To the extent practicable, consideration received under subparagraph (B) shall be used for the maintenance of sensors used to collect covered data. (5) Coordinated deployments and data collec- tion practices The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the deployment of sensors as part of the protocol established under paragraph (1) and related data collec- tion carried out by Federal, State, academic, and private entities who choose to cooperate with the Administrator in carrying out this subsection. (6) Priority acquisition and deployment The Administrator shall give priority in the acquisition for and deployment of sensors under the protocol required by paragraph (1) to areas of coastal States that have the high- est risk of being harmed by named storms. (d) Assessment of systems and efforts to collect covered data (1) Identification of systems and efforts to col- lect covered data Not later than 180 days after July 6, 2012, the Administrator shall, in consultation with the Office of the Federal Coordinator for Meteor- ology— (A) carry out a survey to identify all Fed- eral and State efforts and systems that are capable of collecting covered data; and (B) consult with private and academic sec- tor entities to identify domestic private and academic systems that are capable of col- lecting covered data. (2) Identification of gaps The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology and individuals and entities con- sulted under subsection (e)(3), assess the sys- tems identified under paragraph (1) and iden- tify which systems meet the needs of the Na- tional Oceanic and Atmospheric Administra- tion for the collection of covered data, includ- ing with respect to the accuracy requirement for post-storm assessment under subsection (b)(3). (3) Plan Not later than 270 days after July 6, 2012, the Administrator shall, in consultation with the Page 992 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3611 1 So in original. Probably should be followed by ‘‘Committee on’’. Office of the Federal Coordinator for Meteor- ology, submit to Congress a plan for the col- lection of covered data necessary to develop the Named Storm Event Model and post-storm assessment required by subsection (b) that ad- dresses any gaps identified in paragraph (2). (e) Coordination of covered data collection and maintenance by participants (1) In general The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the collection and maintenance of covered data by participants under this section— (A) to streamline the process of collecting covered data in accordance with the protocol established under subsection (c)(1); and (B) to maintain transparency of such proc- ess and the database established under sub- section (f). (2) Sharing information The Administrator shall establish a process for sharing among participants information relevant to collecting and using covered data for— (A) academic research; (B) private sector use; (C) public outreach; and (D) such other purposes as the Adminis- trator considers appropriate. (3) Consultation In carrying out paragraphs (1) and (2), the Administrator shall consult with the fol- lowing: (A) The Commanding General of the Corps of Engineers. (B) The Administrator of the Federal Emergency Management Agency. (C) The Commandant of the Coast Guard. (D) The Director of the United States Geo- logical Survey. (E) The Office of the Federal Coordinator for Meteorology. (F) The Director of the National Science Foundation. (G) The Administrator of the National Aeronautics and Space Administration. (H) Such public, private, and academic sec- tor entities as the Administrator considers appropriate for purposes of carrying out the provisions of this section. (f) Establishment of Coastal Wind and Water Event Database (1) In general Not later than 1 year after July 6, 2012, the Administrator shall establish a database for the collection and compilation of covered data— (A) to support the protocol established under subsection (c)(1); and (B) for the purposes listed in subsection (e)(2). (2) Designation The database established under paragraph (1) shall be known as the ‘‘Coastal Wind and Water Event Database’’. (g) Comptroller General study Not later than 1 year after July 6, 2012, the Comptroller General of the United States shall— (1) complete an audit of Federal efforts to collect covered data for purposes of the Con- sumer Option for an Alternative System to Al- locate Losses Act of 2012, which audit shall— (A) examine duplicated Federal efforts to collect covered data; and (B) determine the cost effectiveness of such efforts; and (2) submit to the Committee on Banking, Housing, and Urban Affairs and the 1 Com- merce, Science, and Transportation of the Senate and the Committee on Financial Serv- ices and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the Comptroller Gen- eral with respect to the audit completed under paragraph (1). (Pub. L. 111–11, title XII, § 12312, as added Pub. L. 112–141, div. F, title II, § 100252, July 6, 2012, 126 Stat. 969; amended Pub. L. 116–271, title II, § 201(a), Dec. 31, 2020, 134 Stat. 3344.) Editorial Notes REFERENCES IN TEXT The Consumer Option for an Alternative System to Allocate Losses Act of 2012, referred to in subsec. (g)(1), is subtitle B (§§ 100251–100253) of title II of div. F of Pub. L 112–141, which enacted this section, section 4057 of Title 42, the Public Health and Welfare, and provisions set out as a note under section 4001 of Title 42. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under sec- tion 4001 of Title 42 and Tables. AMENDMENTS 2020—Subsec. (a)(2). Pub. L. 116–271, § 201(a)(1)(A), in- serted ‘‘, except that the term shall not apply with re- spect to a State or territory that has an operational wind and flood loss allocation system’’ before period at end. Subsec. (a)(6). Pub. L. 116–271, § 201(a)(1)(B), inserted ‘‘sustained’’ before ‘‘winds’’. Subsec. (a)(7). Pub. L. 116–271, § 201(a)(1)(C), sub- stituted ‘‘for which post-storm assessments are con- ducted’’ for ‘‘that threaten any portion of a coastal State’’. Subsec. (b)(1)(A). Pub. L. 116–271, § 201(a)(2)(A)(i), sub- stituted ‘‘December 31, 2020’’ for ‘‘540 days after July 6, 2012’’ and struck out ‘‘by regulation’’ after ‘‘Adminis- trator shall develop’’. Subsec. (b)(1)(B). Pub. L. 116–271, § 201(a)(2)(A)(ii), sub- stituted ‘‘an indeterminate loss’’ for ‘‘every indetermi- nate loss’’. Subsec. (b)(1)(C). Pub. L. 116–271, § 201(a)(2)(A)(iii), added subpar. (C). Subsec. (b)(2)(B), (C). Pub. L. 116–271, § 201(a)(2)(B)(ii), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively. Subsec. (b)(2)(D). Pub. L. 116–271, § 201(a)(2)(B)(iii), substituted ‘‘confirmation of indeterminate losses iden- tified under subparagraph (C) with respect to a named storm’’ for ‘‘identification of a named storm under sub- paragraph (A)’’ and ‘‘assessment for each coastal State that suffered such indeterminate losses as a result of the named storm’’ for ‘‘assessment for such named storm’’. Pub. L. 116–271, § 201(a)(2)(B)(i), redesignated subpar. (B) as (D). Subsec. (b)(2)(E). Pub. L. 116–271, § 201(a)(2)(B)(iv), substituted ‘‘any indeterminate losses are identified under subparagraph (C)’’ for ‘‘an identification of a Page 993 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3613 named storm is made under subparagraph (A)’’ and ‘‘under subparagraph (D) for any coastal State that suf- fered such indeterminate losses’’ for ‘‘for such storm under subparagraph (B)’’. Pub. L. 116–271, § 201(a)(2)(B)(i), redesignated subpar. (C) as (E). Subsec. (b)(2)(F). Pub. L. 116–271, § 201(a)(2)(B)(v), added subpar. (F). Subsec. (c)(1). Pub. L. 116–271, § 201(a)(3)(A), sub- stituted ‘‘December 31, 2020’’ for ‘‘540 days after July 6, 2012’’. Subsec. (c)(2). Pub. L. 116–271, § 201(a)(3)(B), inserted ‘‘, in the discretion of the Administrator,’’ after ‘‘of sensors as may’’. Subsec. (c)(4)(B). Pub. L. 116–271, § 201(a)(3)(C), in- serted ‘‘and expend’’ after ‘‘receive’’. § 3612. Accelerating innovation at Cooperative Institutes (a) Focus on emerging technologies The Administrator shall consider evaluating the goals of 1 or more Cooperative Institutes of the Administration to include focusing on ad- vancing or applying emerging technologies, which may include— (1) applied uses and development of real- time and other advanced genetic technologies and applications, including such technologies and applications that derive genetic material directly from environmental samples without any obvious signs of biological source mate- rial; (2) deployment of, and improvements to the durability, maintenance, and other lifecycle concerns of, advanced unmanned vehicles, re- gional small research vessels, and other re- search vessels that support and launch un- manned vehicles and sensors; and (3) supercomputing and big data manage- ment, including data collected through model outputs, electronic monitoring, and remote sensing. (b) Coordination with other programs The Cooperative Institutes shall work with the Interagency Ocean Observation Committee, the regional associations of the Integrated Ocean Observing System, and other ocean ob- serving programs to coordinate technology needs and the transition of new technologies from research to operations. (Pub. L. 117–263, div. J, title CI, § 10104, Dec. 23, 2022, 136 Stat. 3958.) Editorial Notes CODIFICATION Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Integrated Coastal and Ocean Observation System Act of 2009 which comprises this chapter. Statutory Notes and Related Subsidiaries PURPOSE Pub. L. 117–263, div. J, title CI, § 10101, Dec. 23, 2022, 136 Stat. 3957, provided that: ‘‘The purpose of this title [enacting this section and section 3613 of this title, amending section 893c of this title, and enacting provi- sions set out as notes under this section] is to promote and support— ‘‘(1) the monitoring, understanding, and exploration of the Great Lakes, oceans, bays, estuaries, and coasts; and ‘‘(2) the collection, analysis, synthesis, and sharing of data related to the Great Lakes, oceans, bays, es- tuaries, and coasts to facilitate scientific research and operational decisionmaking.’’ NO ADDITIONAL FUNDS AUTHORIZED Pub. L. 117–263, div. J, title CI, § 10106, Dec. 23, 2022, 136 Stat. 3961, provided that: ‘‘Funds to carry out this title [enacting this section and section 3613 of this title, amending section 893c of this title, and enacting provisions set out as notes under this section] may, as provided in advance in appropriations Acts, only come from within amounts authorized to be appropriated to the National Oceanic and Atmospheric Administra- tion.’’ DEFINITIONS Pub. L. 117–263, div. J, title CI, § 10102, Dec. 23, 2022, 136 Stat. 3957, provided that: ‘‘In this title [enacting this section and section 3613 of this title, amending sec- tion 893c of this title, and enacting provisions set out as notes under this section]: ‘‘(1) ADMINISTRATION.—The term ‘Administration’ means the National Oceanic and Atmospheric Admin- istration. ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Under Secretary of Commerce for Oceans and Atmosphere in the capacity as Administrator of the National Oceanic and Atmospheric Administra- tion. ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).’’ § 3613. Blue Economy valuation (a) Measurement of industries The Administrator, in consultation with the heads of other relevant Federal agencies and subject to the availability of appropriations, shall establish a program to improve the collec- tion, aggregation, and analysis of data to meas- ure the value and impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, in- cluding military uses, living resources, marine construction, marine transportation, offshore energy development and siting including for re- newable energy, offshore mineral production, ship and boat building, tourism, recreation, sub- sistence, commercial, recreational, and charter fishing, seafood processing, and other fishery-re- lated businesses, aquaculture such as kelp and shellfish, and other industries the Adminis- trator determines appropriate. (b) Collaboration In carrying out subsection (a), the Adminis- trator shall— (1) work with the Director of the Bureau of Economic Analysis and the heads of other rel- evant Federal agencies to develop a Coastal and Ocean Economy Satellite Account that in- cludes national, Tribal, and State-level statis- tics to measure the contribution of the Great Lakes, oceans, bays, estuaries, and coasts to the overall economy of the United States; and (2) collaborate with national and inter- national organizations and governments to promote consistency of methods, measure- ments, and definitions to ensure com- parability of results between countries. (c) Report Not later than 2 years after December 23, 2022, and not less frequently than every 2 years there-