33 U.S.C. § 3705 — NOAA ocean acidification activities

Page 1001 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3705 1 So in original. Probably should be followed by a semicolon. tence, substituted ‘‘Advisory Board established in sec- tion 3703(c) of this title’’ for ‘‘National Academy of Sciences in the review of the plan required under sub- section (d)’’. Subsec. (b)(1). Pub. L. 117–167, § 10645(2)(A), inserted ‘‘and social sciences’’ after ‘‘among the ocean sciences’’. Subsec. (b)(2)(B). Pub. L. 117–167, § 10645(2)(B)(i), sub- stituted ‘‘assess the short-term and long-term’’ for ‘‘improve the ability to assess the’’ and semicolon for ‘‘; and’’. Subsec. (b)(2)(C). Pub. L. 117–167, § 10645(2)(B)(ii), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘provide information for the development of adaptation and mitigation strate- gies to conserve marine organisms and marine eco- systems;’’. Subsec. (b)(2)(D). Pub. L. 117–167, § 10645(2)(B)(iii), added subpar. (D). Subsec. (b)(3)(F). Pub. L. 117–167, § 10645(2)(C)(i), sub- stituted ‘‘data management’’ for ‘‘database develop- ment’’. Subsec. (b)(3)(J), (K). Pub. L. 117–167, § 10645(2)(C)(ii), (iii), added subpars. (J) and (K). Subsec. (b)(4). Pub. L. 117–167, § 10645(2)(D), sub- stituted ‘‘ensure an appropriate balance of contribution in establishing’’ for ‘‘set forth’’. Subsec. (b)(5). Pub. L. 117–167, § 10645(2)(E), sub- stituted ‘‘the best available peer-reviewed scientific re- ports’’ for ‘‘reports’’. Subsec. (b)(6). Pub. L. 117–167, § 10645(2)(F), inserted ‘‘and coastal acidification’’ after ‘‘ocean acidification’’ and substituted ‘‘within the United States’’ for ‘‘of the United States’’. Subsec. (b)(8). Pub. L. 117–167, § 10645(2)(G)(iii), which directed the substitution of a semicolon for ‘‘; and’’, could not be executed because ‘‘and’’ had already been struck out at the end of par. (8) by Pub. L. 116–271, § 110(a)(1), in the course of adding par. (10). See 2020 Amendment note below. Pub. L. 117–167, § 10645(2)(G)(i), (ii), inserted ‘‘and coastal acidification’’ after ‘‘ocean acidification’’ in two places and substituted ‘‘their’’ for ‘‘its’’. Subsec. (b)(11), (12). Pub. L. 117–167, § 10645(2)(H)–(J), added pars. (11) and (12). Subsec. (c)(1)(C). Pub. L. 117–167, § 10645(3)(A), struck out ‘‘surface’’ before ‘‘ocean chemistry’’. Subsec. (c)(2). Pub. L. 117–167, § 10645(3)(B), inserted ‘‘and coastal acidification’’ after ‘‘ocean acidification’’ wherever appearing. Subsec. (c)(3). Pub. L. 117–167, § 10645(3)(C), substituted ‘‘inputs,’’ for ‘‘input, and’’ and inserted ‘‘, marine food webs,’’ after ‘‘marine ecosystems’’ and ‘‘, and modeling that supports fisheries management’’ after ‘‘marine or- ganisms’’. Subsec. (c)(5). Pub. L. 117–167, § 10645(3)(D), inserted ‘‘and coastal acidification’’ after ‘‘ocean acidification’’. Subsec. (c)(8). Pub. L. 117–167, § 10645(3)(E), added par. (8). Subsec. (d). Pub. L. 117–167, § 10645(4), added subsec. (d) and struck out former subsec. (d). Prior to amend- ment, text read as follows: ‘‘The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan.’’ Subsec. (e). Pub. L. 117–167, § 10645(4), struck out sub- sec. (e). Text read as follows: ‘‘In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups, tribal governments, and subsistence users. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days.’’ 2020—Subsec. (b)(10). Pub. L. 116–271, § 110(a), added par. (10). Subsec. (c)(6), (7). Pub. L. 116–271, § 110(b), added pars. (6) and (7). Subsec. (e). Pub. L. 116–271, § 110(c), inserted ‘‘, tribal governments, and subsistence users’’ after ‘‘groups’’. Statutory Notes and Related Subsidiaries REVISED STRATEGIC RESEARCH PLAN Pub. L. 116–271, title I, § 110(d), Dec. 31, 2020, 134 Stat. 3343, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Dec. 31, 2020], the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall submit to Congress a revised strategic research plan under section 12405 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) that includes the matters required by the amendments made by this section.’’ § 3705. NOAA ocean acidification activities (a) In general The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, coordination, and other activities consistent with the strategic re- search and implementation plan developed by the Subcommittee under section 3704 of this title that— (1) includes— (A) interdisciplinary research among the ocean and atmospheric sciences, and coordi- nated research and activities to improve un- derstanding of ocean acidification and coast- al acidification; (B) the establishment of a long-term moni- toring program of ocean acidification and coastal acidification utilizing existing glob- al and national ocean observing assets, in- cluding leveraging, as appropriate, the Inte- grated Ocean Observing System and the ocean observing assets of other Federal, State, and Tribal agencies, and adding in- strumentation and sampling stations as ap- propriate to the aims of the research pro- gram; (C) prioritization of the location of moni- toring instruments, assets, and projects to maximize the efficiency of resources and agency and department missions; (D) an optimization of understanding of so- cioeconomic impacts and ecosystem health 1 (E) research to identify and develop adap- tation and mitigation strategies and tech- niques for effectively conserving marine eco- systems as they cope with increased ocean acidification and coastal acidification; (F) technical assistance to socioeconomically vulnerable States, local governments, Tribal governments, commu- nities, and industries impacted by ocean and coastal acidification to support their devel- opment of ocean and coastal acidification mitigation strategies; (G) as an integral part of the research pro- grams described in this chapter, educational opportunities that encourage an inter- disciplinary and international approach to exploring the impacts of ocean acidification and coastal acidification; (H) as an integral part of the research pro- grams described in this chapter, national public outreach activities to improve the un- derstanding of current scientific knowledge Page 1002 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3705 of ocean acidification and coastal acidifica- tion and their respective impacts on marine resources; (I) coordination of ocean acidification and coastal acidification research, monitoring, and adaptation and mitigation strategies with other appropriate international ocean science bodies such as the International Oceanographic Commission, the Inter- national Council for the Exploration of the Sea, the North Pacific Marine Science Orga- nization, and others; (J) research to improve understanding of— (i) the impact of ocean acidification and coastal acidification; and (ii) how multiple environmental stressors may contribute to and exacer- bate ocean and coastal acidification on liv- ing marine resources and coastal eco- systems; and (K) research to support the development of adaptation and mitigation strategies to ad- dress the socioeconomic impacts of ocean and coastal acidification on coastal commu- nities; (2) provides grants for critical research, edu- cation, and outreach projects that explore and communicate the effects of ocean acidification and coastal acidification on ecosystems and the socioeconomic impacts of increased ocean acidification and coastal acidification that are relevant to the goals and priorities of the stra- tegic research plan; (3) incorporates a competitive merit-based process for awarding grants that may be con- ducted jointly with other participating agen- cies or under the National Oceanographic Partnership Program under section 8931 of title 10; and (4) includes an ongoing mechanism that al- lows industry members, coastal stakeholders, fishery management councils and commis- sions, non-Federal resource managers, commu- nity acidification networks, indigenous knowl- edge groups, and scientific experts to provide input on monitoring needs that are necessary to support on the ground management, deci- sion making, and adaptation related to ocean acidification and its impacts. (b) Additional authority In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this chapter on such terms as the Secretary con- siders appropriate. (c) Relationship to interagency working group The National Oceanic and Atmospheric Ad- ministration shall serve as the lead Federal agency responsible for coordinating the Federal response to ocean and coastal acidification. The Administration may enter into Memoranda of Understanding to— (1) coordinate monitoring and research ef- forts among Federal agencies in cooperation with State, local, and Tribal governments and international partners; this may include anal- ysis and synthesis of the results of monitoring and research; (2) maintain an Ocean Acidification Informa- tion Exchange described under section 3703(b)(5) of this title to allow for information to be electronically accessible, including in- formation— (A) on ocean acidification developed through or used by the ocean acidification program described under subsection (a); or (B) that would be useful to State govern- ments, local governments, Tribal govern- ments, resource managers, policymakers, re- searchers, and other stakeholders in miti- gating or adapting to the impacts of ocean acidification and coastal acidification; and (3) establishing and maintaining the data ar- chive system under subsection (d). (d) Data archive system (1) In general The Secretary, in coordination with the members of the interagency working group, shall support the long-term stewardship of, and access to, data relating to ocean and coastal acidification through providing the data on a publicly accessible data archive sys- tem. To the extent possible, this data archive system shall collect and provide access to ocean and coastal acidification data— (A) from relevant federally funded re- search; (B) provided by a Federal, State, or local government, academic scientist, citizen sci- entist, or industry organization; (C) voluntarily submitted by Tribes or Tribal governments; and (D) from existing global or national data assets that are currently maintained within Federal agencies. (2) Data standards The Secretary to, the extent possible, shall ensure all such data adheres to data and metadata standards to support the public findability, accessibility, interoperability, and reusability of such data. (Pub. L. 111–11, title XII, § 12406, Mar. 30, 2009, 123 Stat. 1440; Pub. L. 115–232, div. A, title VIII, § 809(k)(2), Aug. 13, 2018, 132 Stat. 1843; Pub. L. 116–271, title I, § 111, Dec. 31, 2020, 134 Stat. 3343; Pub. L. 117–167, div. B, title VI, § 10646, Aug. 9, 2022, 136 Stat. 1679.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–167, § 10646(1)(A), in- serted ‘‘coordination,’’ after ‘‘research, monitoring,’’ in introductory provisions. Subsec. (a)(1). Pub. L. 117–167, § 10646(1)(D), sub- stituted ‘‘acidification and coastal acidification’’ for ‘‘acidification’’ wherever appearing. Amendment was not executed in subpars. (F), (J), and (K) as added by Pub. L. 117–167, § 10646(1)(B)(v), (viii), to reflect the probable intent of Congress. Subsec. (a)(1)(B). Pub. L. 117–167, § 10646(1)(B)(i), in- serted ‘‘including leveraging, as appropriate, the Inte- grated Ocean Observing System and the ocean observ- ing assets of other Federal, State, and Tribal agen- cies,’’ after ‘‘ocean observing assets,’’. Subsec. (a)(1)(C), (D). Pub. L. 117–167, § 10646(1)(B)(iii), added subpars. (C) and (D). Former subpars. (C) and (D) redesignated (E) and (G), respectively. Page 1003 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3707 Subsec. (a)(1)(E). Pub. L. 117–167, § 10646(1)(B)(ii), (iv), redesignated subpar. (C) as (E) and substituted ‘‘adap- tation and mitigation’’ for ‘‘adaptation’’. Former sub- par. (E) redesignated (H). Subsec. (a)(1)(F). Pub. L. 117–167, § 10646(1)(B)(v), added subpar. (F). Subsec. (a)(1)(G). Pub. L. 117–167, § 10646(1)(B)(ii), re- designated subpar. (D) as (G). Subsec. (a)(1)(H). Pub. L. 117–167, § 10646(1)(B)(ii), (vi), redesignated subpar. (E) as (H), substituted ‘‘their re- spective impacts’’ for ‘‘its impacts’’, and struck out ‘‘and’’ at end. Subsec. (a)(1)(I). Pub. L. 117–167, § 10646(1)(B)(vii)(II), which directed the substitution of a semicolon for a pe- riod at the end, could not be executed because a semi- colon, rather than a period, already appeared at the end. Pub. L. 117–167, § 10646(1)(B)(ii), (vii)(I), redesignated subpar. (F) as (I) and substituted ‘‘research, moni- toring, and adaptation and mitigation strategies’’ for ‘‘monitoring and impacts research’’. Subsec. (a)(1)(J), (K). Pub. L. 117–167, § 10646(1)(B)(viii), added subpars. (J) and (K). Subsec. (a)(2). Pub. L. 117–167, § 10646(1)(D), sub- stituted ‘‘acidification and coastal acidification’’ for ‘‘acidification’’ in two places. Pub. L. 117–167, § 10646(1)(C), substituted ‘‘critical re- search, education, and outreach projects that explore and communicate’’ for ‘‘critical research projects that explore’’. Subsecs. (c), (d). Pub. L. 117–167, § 10646(2), added sub- secs. (c) and (d). 2020—Subsec. (a)(4). Pub. L. 116–271 added par. (4). 2018—Subsec. (a)(3). Pub. L. 115–232 substituted ‘‘sec- tion 8931 of title 10’’ for ‘‘section 7901 of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 3706. NSF ocean acidification activities (a) Research activities The Director of the National Science Founda- tion shall continue to carry out research activi- ties on ocean acidification and coastal acidifica- tion which shall support competitive, merit- based, peer-reviewed proposals for research, ob- servation, and monitoring of ocean acidification and coastal acidification and their respective impacts, including— (1) impacts on marine organisms, including species cultured for aquaculture, and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; (3) the development of methodologies and technologies to evaluate ocean acidification and coastal acidification and their respective impacts; and (4) impacts of multiple stressors on eco- systems exhibiting hypoxia, harmful algal blooms, or sediment delivery, combined with changes in ocean chemistry; and (5) adaptation and mitigation strategies to address socioeconomic effects of ocean acidifi- cation and coastal acidification. (b) Consistency The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title. (c) Coordination The Director shall encourage coordination of the Foundation’s ocean acidification and coastal acidification activities with such activities of other nations and international organizations. (d) Requirement Recipients of grants from the National Science Foundation under this chapter that col- lect data described under section 3705(d) of this title shall— (1) collect data in accordance with the standards, protocols, or procedures established pursuant to section 3705(d) of this title; and (2) submit such data to the Director and the Secretary after publication, in accordance with any rules promulgated by the Director or the Secretary. (Pub. L. 111–11, title XII, § 12407, Mar. 30, 2009, 123 Stat. 1441; Pub. L. 116–271, title I, § 112, Dec. 31, 2020, 134 Stat. 3344; Pub. L. 117–167, div. B, title VI, § 10647, Aug. 9, 2022, 136 Stat. 1680.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–167, § 10647(1), substituted ‘‘ocean acidification and coastal acidification’’ for ‘‘ocean acidification’’ wherever appearing in text. Subsec. (a). Pub. L. 117–167, § 10647(2)(A), substituted ‘‘their respective impacts’’ for ‘‘its impacts’’ in intro- ductory provisions. Subsec. (a)(3). Pub. L. 117–167, § 10647(2)(B), sub- stituted ‘‘and their respective impacts’’ for ‘‘and its im- pacts’’. Subsec. (a)(5). Pub. L. 117–167, § 10647(2)(C), (D), added par. (5). Subsec. (d). Pub. L. 117–167, § 10647(3), added subsec. (d). 2020—Subsec. (a). Pub. L. 116–271 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit- based, peer-reviewed proposals for research and moni- toring of ocean acidification and its impacts, includ- ing— ‘‘(1) impacts on marine organisms and marine eco- systems; ‘‘(2) impacts on ocean, coastal, and estuarine bio- geochemistry; and ‘‘(3) the development of methodologies and tech- nologies to evaluate ocean acidification and its im- pacts.’’ § 3707. NASA ocean acidification activities (a) Ocean acidification activities The Administrator of the National Aero- nautics and Space Administration, in coordina- tion with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for moni- toring of ocean acidification and coastal acidifi- cation and their respective impacts. (b) Program consistency The Administrator shall ensure that the Agen- cy’s research and monitoring activities on ocean acidification and coastal acidification are car- ried out in a manner consistent with the stra- tegic research plan developed by the Sub- committee under section 3704 of this title.