33 U.S.C. § 3703 — Interagency working group

Page 995 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3703 (A) monitor and conduct research on the processes and consequences of ocean acidifi- cation and coastal acidification on marine organisms and ecosystems; and (B) maintain and advise an interagency re- search, monitoring, and public outreach pro- gram on ocean acidification and coastal acidification; (2) maintenance of an ocean acidification program within the National Oceanic and At- mospheric Administration; (3) assessment and consideration of regional and national ecosystem and socioeconomic im- pacts of increased ocean acidification and coastal acidification; and (4) research adaptation strategies and miti- gating the impacts of ocean and coastal acidi- fication and related co-stressors on marine ecosystems. (Pub. L. 111–11, title XII, § 12402, Mar. 30, 2009, 123 Stat. 1436; Pub. L. 117–167, div. B, title VI, § 10642, Aug. 9, 2022, 136 Stat. 1672.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–167, § 10642(b), struck out subsec. (a) designation and heading ‘‘Purposes’’ before ‘‘The pur- poses’’ in introductory provisions. Subsec. (a)(1). Pub. L. 117–167, § 10642(a)(1), substituted ‘‘development coordination and implementation’’ for ‘‘development and coordination’’ in introductory provi- sions, ‘‘acidification and coastal acidification on ma- rine organisms’’ for ‘‘acidification on marine orga- nisms’’ in subpar. (A), and ‘‘maintain and advise an interagency research, monitoring, and public outreach program on ocean acidification and coastal acidifica- tion;’’ for ‘‘establish an interagency research and moni- toring program on ocean acidification;’’ in subpar. (B). Subsec. (a)(2). Pub. L. 117–167, § 10642(a)(2), substituted ‘‘maintenance’’ for ‘‘establishment’’. Subsec. (a)(3). Pub. L. 117–167, § 10642(a)(3), inserted ‘‘and coastal acidification’’ after ‘‘ocean acidification’’. Subsec. (a)(4). Pub. L. 117–167, § 10642(a)(4), substituted ‘‘mitigating the impacts of ocean and coastal acidifica- tion and related co-stressors on marine ecosystems.’’ for ‘‘techniques for effectively conserving marine eco- systems as they cope with increased ocean acidifica- tion.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–167, div. B, title VI, § 10641, Aug. 9, 2022, 136 Stat. 1672, provided that: ‘‘This subtitle [subtitle E (§§ 10641–10649) of title VI of div. B of Pub. L. 117–167, amending this section and sections 3702 to 3708 of this title] may be cited as the ‘Coastal and Ocean Acidifica- tion Research and Innovation Act of 2021’.’’ SHORT TITLE Pub. L. 111–11, title XII, § 12401, Mar. 30, 2009, 123 Stat. 1436, provided that: ‘‘This subtitle [subtitle D (§§ 12401–12409) of title XII of Pub. L. 111–11, enacting this chapter] may be cited as the ‘Federal Ocean Acidi- fication Research And Monitoring Act of 2009’ or the ‘FOARAM Act’.’’ § 3702. Definitions In this chapter: (1) Coastal acidification The term ‘‘coastal acidification’’ means the decrease in pH and changes in the water chem- istry of coastal oceans, estuaries, and Great Lakes from atmospheric pollution, freshwater inputs, and excess nutrient run-off from land. (2) Ocean acidification The term ‘‘ocean acidification’’ means the decrease in pH and changes in the water chem- istry of the Earth’s oceans, coastal estuaries, marine waterways, and Great Lakes caused by carbon dioxide from the atmosphere and the breakdown of organic matter. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce, acting through the Adminis- trator of the National Oceanic and Atmos- pheric Administration. (4) Subcommittee The term ‘‘Subcommittee’’ means the Na- tional Science and Technology Council Sub- committee on Ocean Science and Technology. (5) State The term ‘‘State’’ means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. (Pub. L. 111–11, title XII, § 12403, Mar. 30, 2009, 123 Stat. 1437; Pub. L. 117–167, div. B, title VI, § 10643, Aug. 9, 2022, 136 Stat. 1672.) Editorial Notes AMENDMENTS 2022—Par. (1). Pub. L. 117–167, § 10643(4), added par. (1). Former par. (1) redesignated (2). Pub. L. 117–167, § 10643(1), substituted ‘‘and changes in the water chemistry of the Earth’s oceans, coastal es- tuaries, marine waterways, and Great Lakes caused by carbon dioxide from the atmosphere and the breakdown of organic matter’’ for ‘‘of the Earth’s oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide’’. Par. (2). Pub. L. 117–167, § 10643(3), redesignated par. (1) as (2). Former par. (2) redesignated (3). Par. (3). Pub. L. 117–167, § 10643(3), redesignated par. (2) as (3). Former par. (3) redesignated (4). Pub. L. 117–167, § 10643(2), substituted ‘‘National Science and Technology Council Subcommittee on Ocean Science and Technology’’ for ‘‘Joint Sub- committee on Ocean Science and Technology of the Na- tional Science and Technology Council’’. Par. (4). Pub. L. 117–167, § 10643(3), redesignated par. (3) as (4). Par. (5). Pub. L. 117–167, § 10643(5), added par. (5). § 3703. Interagency working group (a) Designation (1) In general The Subcommittee shall coordinate Federal activities on ocean and coastal acidification and establish and maintain an interagency working group. (2) Membership The interagency working group on ocean acidification shall be comprised of senior rep- resentatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics Page 996 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3703 1 So in original. and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of En- ergy, the Department of the Navy, the Na- tional Park Service, the Bureau of Indian Af- fairs, the National Institute of Standards and Technology, the Smithsonian Institution, and such other Federal agencies as appropriate. (3) Chair The interagency working group shall be chaired by the representative from the Na- tional Oceanic and Atmospheric Administra- tion. (b) Duties The Subcommittee shall— (1) develop the strategic research and moni- toring plan to guide Federal research on ocean acidification required under section 3704 of this title and oversee the implementation of the plan; (2) oversee the development of— (A) an assessment of the potential impacts of ocean acidification and coastal acidifica- tion on marine organisms and marine eco- systems; and (B) adaptation and mitigation strategies to conserve marine organisms and eco- systems exposed to ocean acidification and coastal acidification; (3) facilitate communication and outreach opportunities with nongovernmental organiza- tions and members of the stakeholder commu- nity with interests in marine resources; (4) coordinate the United States Federal re- search and monitoring program with research and monitoring programs and scientists from other nations; (5) establish or designate, and contribute to as appropriate, an Ocean Acidification Infor- mation Exchange to make information on ocean acidification and coastal acidification developed through or utilized by the inter- agency ocean acidification program accessible through electronic means, including informa- tion which would be useful to policymakers, researchers, and other stakeholders in miti- gating or adapting to the impacts of ocean acidification and coastal acidification; and 1 (c) Advisory Board (1) Establishment The Chair of the Subcommittee shall estab- lish an Ocean Acidification Advisory Board. (2) Duties The Advisory Board shall— (A) maintain a process for reviewing and making recommendations to the Sub- committee on— (i) the biennial report specified in sub- section (d)(2); and (ii) the strategic research plan in sub- section (d)(3); (B) provide ongoing advice to the Sub- committee and the interagency working group on matters related to Federal activi- ties on ocean and coastal acidification, in- cluding impacts and mitigation of ocean and coastal acidification; and (C) advise the Subcommittee and the interagency working group on— (i) efforts to coordinate research and monitoring activities related to ocean acidification and coastal acidification; and (ii) the best practices for the standards developed for data archiving under section 3705(d) of this title. (3) Membership The Advisory Board shall consist of 25 mem- bers as follows: (A) Two representatives of the shellfish, lobster, or crab industry. (B) One representative of the finfish indus- try. (C) One representative of seafood proc- essors. (D) Three representatives from academia, including both natural and social sciences. (E) One representative of recreational fish- ing. (F) One representative of a relevant non- governmental organization. (G) Six representatives from relevant State and local governments with policy or regulatory authorities related to ocean acidification and coastal acidification. (H) One representative from the Alaska Ocean Acidification Network or a subse- quent entity that represents the same geo- graphical region and has a similar purpose. (I) One representative from the California Current Acidification Network or a subse- quent entity that represents the same geo- graphical region and has a similar purpose. (J) One representative from the Northeast Coastal Acidification Network or a subse- quent entity that represents the same geo- graphical region and has a similar purpose. (K) One representative from the Southeast Coastal Acidification Network or a subse- quent entity that represents the same geo- graphical region and has a similar purpose. (L) One representative from the Gulf of Mexico Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar pur- pose. (M) One representative from the Mid-At- lantic Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar pur- pose. (N) One representative from the Pacific Is- lands Ocean Observing System or a subse- quent entity that represents the island terri- tories and possessions of the United States in the Pacific Ocean, and the State of Ha- waii and has a similar purpose. (O) One representative from the Caribbean Regional Association for Coastal Ocean Ob- serving or a subsequent entity that rep- resents Puerto Rico and the United States Virgin Islands and has a similar purpose. (P) One representative from the National Oceanic and Atmospheric Administration Page 997 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3703 2 See References in Text note below. Olympic Coast Ocean Acidification Sentinel Site or a subsequent entity that represents the same geographical representation. (Q) One representative from the National Oceanic and Atmospheric Administration shall serve as an ex-officio member of the Advisory Board without a vote. (4) Appointment of members The Chair of the Subcommittee shall— (A) appoint members to the Advisory Board (taking into account the geographical interests of each individual to be appointed as a member of the Advisory Board to ensure that an appropriate balance of geographical interests are represented by the members of the Advisory Board) who— (i) represent the interest group for which each seat is designated; (ii) demonstrate expertise on ocean acidification or coastal acidification and its scientific, economic, industry, cultural, and community impacts; and (iii) have a record of distinguished serv- ice with respect to ocean acidification or coastal acidification, and such impacts; (B) give consideration to nominations and recommendations from the members of the interagency working group and the public for such appointments; and (C) ensure that an appropriate balance of scientific, industry, State and local resource managers, and geographical interests are represented by the members of the Advisory Board. (5) Term of membership Each member of the Advisory Board— (A) shall be appointed for a 5-year term; and (B) may be appointed to no more than two terms. (6) Chair The Chair of the Subcommittee shall ap- point one member of the Advisory Board to serve as the Chair of the Advisory Board. (7) Meetings Not less than once each calendar year, the Advisory Board shall meet at such times and places as may be designated by the Chair of the Advisory Board, in consultation with the Chair of the Subcommittee and the Chair of the interagency working group. (8) Briefing The Chair of the Advisory Board shall brief the Subcommittee and the interagency work- ing group on the progress of the Advisory Board as necessary or at the request of the Subcommittee. (9) Tribal government engagement and coordi- nation (A) In general The Advisory Board shall maintain mecha- nisms for coordination, and engagement with Tribal governments. (i) Rule of construction Nothing in subparagraph (A) may be con- strued as affecting any requirement to consult with Indian Tribes under Execu- tive Order 13175 (25 U.S.C. 5301 note; relat- ing to consultation and coordination with Tribal governments) or any other applica- ble law or policy. (10) Federal Advisory Committee Act Section 14 of the Federal Advisory Com- mittee Act shall not apply to the Advisory Board for 10 years from August 9, 2022.2 (d) Prize competitions (1) In general Any Federal agency with a representative serving on the interagency working group es- tablished under this section may, either indi- vidually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 3719 of title 15. An agency seeking to carry out such a program shall carry out such program in coordination with the chair of such interagency working group. (2) Purposes Any prize competition carried out under this subsection shall be for the purpose of stimu- lating innovation to advance our Nation’s ability to understand, research, or monitor ocean acidification or its impacts, or to de- velop management or adaptation options for responding to ocean and coastal acidification. (3) Priority programs Priority shall be given to establishing pro- grams under this section that address commu- nities, environments, or industries that are in distress due to the impacts of ocean and coast- al acidification. (e) Reports to Congress (1) Initial report Not later than 1 year after March 30, 2009, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Science and Technology and the Committee on Natural Resources of the House of Representatives that— (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) describes the progress in developing the plan required under section 3704 of this title. (2) Biennial report Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter until 2032, the Sub- committee shall transmit a report to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representa- tives, and to the Office of Management and Budget, that includes— (A) a summary of federally funded ocean acidification research and monitoring ac- Page 998 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3703 tivities, including the budget for each of these activities; and (B) an analysis of the progress made to- ward achieving the goals and priorities for interagency strategic research plan devel- oped by the Subcommittee under section 3704 of this title. (3) Strategic research plan Not later than 2 years after March 30, 2009, the Subcommittee shall transmit the strategic research plan developed under section 3704 of this title to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years until 2031 thereafter.1 (4) Economic vulnerability report (A) In general Not later than 2 years after December 31, 2020, and every 6 years thereafter until 2032, the Subcommittee shall transmit to the ap- propriate committees of Congress a report that— (i) is named the ‘‘Ocean Chemistry Coastal Community Vulnerability Assess- ment’’; (ii) identifies gaps in ocean acidification monitoring by public, academic, and pri- vate assets in the network of regional coastal observing systems; (iii) identifies geographic areas which have gaps in ocean acidification research; (iv) identifies United States coastal com- munities, including island communities, fishing communities, low-population rural communities, tribal and subsistence com- munities, and island communities, that may be impacted by ocean acidification; (v) identifies impacts of changing ocean carbonate chemistry on the communities described in clause (iv), including impacts from changes in ocean and coastal marine resources that are not managed by the Federal Government; (vi) identifies gaps in understanding of the impacts of ocean acidification on eco- nomically or commercially important spe- cies, particularly those which support United States commercial, recreational, and tribal fisheries and aquaculture; (vii) identifies habitats that may be par- ticularly vulnerable to corrosive sea water, including areas experiencing mul- tiple stressors such as hypoxia, sedimenta- tion, and harmful algal blooms; (viii) identifies areas in which existing National Integrated Coastal and Ocean Ob- servation System assets, including un- manned maritime systems, may be lever- aged as platforms for the deployment of new sensors or other applicable observing technologies; (ix) is written in collaboration with Fed- eral agencies responsible for carrying out this chapter, including representatives of— (I) the National Marine Fisheries Serv- ice and the Office for Coastal Manage- ment of the National Oceanic and At- mospheric Administration; (II) regional coastal observing systems established under section 3603(c)(4) of this title; (III) regional ocean acidification net- works; and (IV) sea grant programs (as defined in section 1122 of this title); and (x) is written in consultation with ex- perts, including subsistence users, aca- demia, and stakeholders familiar with the economic, social, ecological, geographic, and resource concerns of coastal commu- nities in the United States. (B) Form of report (i) Initial report The initial report required under sub- paragraph (A) shall include the informa- tion described in clauses (i) through (viii) of that subparagraph on a national level. (ii) Subsequent reports Each report required under subparagraph (A) after the initial report— (I) may describe the information de- scribed in clauses (i) through (viii) of that subparagraph on a national level; or (II) may consist of separate reports for each region of the National Oceanic and Atmospheric Administration. (iii) Regional reports If the Subcommittee opts to prepare a report required under subparagraph (A) as separate regional reports under clause (ii)(II), the Subcommittee shall submit a report for each region of the National Oce- anic and Atmospheric Administration not less frequently than once during each 6- year reporting period. (C) Appropriate committees of Congress de- fined In this paragraph and in paragraph (5), the term ‘‘appropriate committees of Congress’’ means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Tech- nology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives. (5) Monitoring prioritization plan Not later than 180 days after the date of the submission of the initial report under para- graph (4)(A), the Subcommittee shall transmit to the appropriate committees of Congress a report that develops a plan to deploy new sen- sors or other applicable observing technologies such as unmanned maritime systems— (A) based on such initial report; (B) prioritized by— (i) the threat to coastal economies and ecosystems; (ii) gaps in data; and (iii) research needs; and (C) that leverage existing platforms, where possible. (Pub. L. 111–11, title XII, § 12404, Mar. 30, 2009, 123 Stat. 1437; Pub. L. 116–271, title I, § 109, Dec. 31, Page 999 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3704 2020, 134 Stat. 3341; Pub. L. 117–167, div. B, title VI, § 10644, Aug. 9, 2022, 136 Stat. 1673.) Editorial Notes REFERENCES IN TEXT Section 14 of the Federal Advisory Committee Act, referred to in subsec. (c)(10), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was re- pealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361. August 9, 2022, referred to in subsec. (c)(10), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 117–167, which enacted subsec. (c), to reflect the prob- able intent of Congress. AMENDMENTS 2022—Pub. L. 117–167, § 10644(1), substituted ‘‘working group’’ for ‘‘Subcommittee’’ in section catchline. Subsec. (a)(1). Pub. L. 117–167, § 10644(2)(A), sub- stituted ‘‘Subcommittee shall coordinate Federal ac- tivities on ocean and coastal acidification and establish and maintain’’ for ‘‘Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and establish’’. Subsec. (a)(2). Pub. L. 117–167, § 10644(2)(B), sub- stituted ‘‘Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of Energy, the Department of the Navy, the National Park Service, the Bureau of In- dian Affairs, the National Institute of Standards and Technology, the Smithsonian Institution,’’ for ‘‘Wild- life Service,’’. Subsec. (a)(3). Pub. L. 117–167, § 10644(2)(C), sub- stituted ‘‘Chair’’ for ‘‘Chairman’’ in heading. Subsec. (b)(2). Pub. L. 117–167, § 10644(3)(A), inserted ‘‘and coastal acidification’’ after ‘‘ocean acidification’’ in subpars. (A) and (B). Subsec. (b)(4). Pub. L. 117–167, § 10644(3)(B), sub- stituted semicolon for ‘‘; and’’. Subsec. (b)(5). Pub. L. 117–167, § 10644(3)(C), inserted ‘‘, and contribute to as appropriate,’’ after ‘‘designate’’ and substituted ‘‘and coastal acidification developed’’ for ‘‘developed’’ and ‘‘and coastal acidification; and’’ for period at end. Subsec. (c). Pub. L. 117–167, § 10644(6), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (c)(2). Pub. L. 117–167, § 10644(4)(A)(i), (ii), in introductory provisions, inserted ‘‘until 2032’’ after ‘‘every 2 years thereafter’’ and ‘‘, and to the Office of Management and Budget,’’ after ‘‘House of Representa- tives’’. Subsec. (c)(2)(B). Pub. L. 117–167, § 10644(4)(A)(iii), sub- stituted ‘‘interagency strategic research’’ for ‘‘the interagency research’’. Subsec. (c)(3). Pub. L. 117–167, § 10644(4)(B), inserted ‘‘until 2031’’ after ‘‘at least once every 5 years’’. Subsec. (c)(4)(A). Pub. L. 117–167, § 10644(4)(C), inserted ‘‘until 2032’’ after ‘‘and every 6 years thereafter’’ in in- troductory provisions. Subsec. (d). Pub. L. 117–167, § 10644(6), added subsec. (d). Subsec. (e). Pub. L. 117–167, § 10644(5), redesignated subsec. (c) as (e). 2020—Subsec. (c)(4), (5). Pub. L. 116–271 added pars. (4) and (5). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 3704. Strategic research plan (a) In general Not later than 2 years after March 30, 2009, and not later than every 5 years following the publi- cation of each subsequent strategic research plan until 2035, the Subcommittee shall develop a strategic plan for Federal research and moni- toring on ocean acidification and coastal acidifi- cation that will provide for an assessment of the impacts of ocean acidification and coastal acidi- fication on marine organisms and ecosystems and the development of adaptation and mitiga- tion strategies to address the socioeconomic im- pacts of ocean acidification and coastal acidifi- cation and to conserve marine organisms and ecosystems. In developing the plan, the Sub- committee shall consider and use information, reports, and studies of ocean acidification and coastal acidification that have identified re- search and monitoring needed to better under- stand ocean acidification and coastal acidifica- tion and its potential impacts, and recommenda- tions made by the Advisory Board established in section 3703(c) of this title. (b) Contents of the plan The plan shall— (1) provide for interdisciplinary research among the ocean sciences and social sciences, and coordinated research and activities to im- prove the understanding of ocean chemistry that will affect marine ecosystems; (2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and moni- toring which will— (A) advance understanding of ocean acidi- fication and its physical, chemical, and bio- logical impacts on marine organisms and marine ecosystems; (B) assess the short-term and long-term so- cioeconomic impacts of ocean acidification; (C) provide information for the develop- ment of adaptation and mitigation strate- gies to address— (i) socioeconomic impacts of ocean acidi- fication and coastal acidification; (ii) conservation of marine organisms and ecosystems; (iii) assessment of the effectiveness of such adaptation and mitigation strategies; and (D) improve research on— (i) ocean acidification and coastal acidi- fication; (ii) the interactions between and effects of ocean and coastal acidification and mul- tiple combined stressors including changes in water chemistry, changes in sediment delivery, hypoxia, and harmful algal blooms, on ocean acidification and coastal acidification; and (iii) the effect or effects of clauses (i) and (ii) on marine resources and ecosystems; (3) describe specific activities, including— (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; (D) technology and methods development; (E) data collection;