33 U.S.C. § 4101 — Definitions

Page 1032 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4101 1 So in original. Probably should be ‘‘term’’. materials, or equipment that the appro- priate Federal official considers necessary for the purposes described in subparagraph (A). Any funds donated to an appropriate Federal official under this paragraph may be expended without further appropriation and without fiscal year limitation. (2) Determinations (A) In general At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal of- ficial shall determine whether a hypoxia or harmful algal bloom event is an event of na- tional significance. (B) Considerations In making a determination under subpara- graph (A), the appropriate Federal official shall consider the toxicity of the harmful algal bloom, the severity of the hypoxia, its potential to spread, the economic impact, the relative size in relation to the past 5 oc- currences of harmful algal blooms or hy- poxia events that occur on a recurrent or an- nual basis, and the geographic scope, includ- ing the potential to affect several munici- palities, to affect more than 1 State, or to cross an international boundary. (3) Definitions In this subsection: (A) Appropriate federal official The term ‘‘appropriate Federal official’’ means— (i) in the case of a marine or coastal hy- poxia or harmful algal bloom event, the Under Secretary of Commerce for Oceans and Atmosphere; and (ii) in the case of a freshwater hypoxia or harmful algal bloom event, the Adminis- trator of the Environmental Protection Agency. (B) Event of national significance The term ‘‘event of national significance’’ means a hypoxia or harmful algal bloom event that has had or will likely have a sig- nificant detrimental environmental, eco- nomic, subsistence use, or public health im- pact on an affected State. (C) Hypoxia or harmful algal bloom event The term ‘‘hypoxia or harmful algal bloom event’’ means the occurrence of hypoxia or a harmful algal bloom as a result of a natural, anthropogenic, or undetermined cause. (Pub. L. 115–423, § 9(g), Jan. 7, 2019, 132 Stat. 5463.) Editorial Notes CODIFICATION This section was enacted as part of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017 and also as part of the National Integrated Drought Information System Reauthorization Act of 2018, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which com- prises this chapter. CHAPTER 54—COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY Sec. 4101. Definitions. 4102. Coordination regarding assessment and acqui- sition by National Oceanic and Atmospheric Administration of unmanned maritime sys- tems. 4103. Regular assessment of unmanned maritime systems to support National Oceanic and Atmospheric Administration missions. 4104. Acquisition of unmanned maritime systems. 4105. Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration. 4106. Funding and additional authorities. § 4101. Definitions In this chapter: (1) Administration The term ‘‘Administration’’ means the Na- tional Oceanic and Atmospheric Administra- tion. (2) Administrator The term ‘‘Administrator’’ means the Under Secretary of Commerce for Oceans and Atmos- phere and Administrator of the National Oce- anic and Atmospheric Administration. (3) Cooperative activities of the Administration The terms 1 ‘‘cooperative activities of the Administration’’ means cooperative activities between the Administration and an external entity, such as the Cooperative Institutes, Sea Grant Colleges, National Estuarine Research Reserves, the National Oceanographic Part- nership Program established under chapter 665 of title 10, and regional associations of the In- tegrated Ocean Observing System. (4) Data specifications The term ‘‘data specifications’’ shall refer to the type, resolution, periodicity, and quality of data required by an program of the Admin- istration. (5) Test or training range (A) In general The term ‘‘test or training range’’ means an area designated for operating unmanned maritime systems and other types of sys- tems for the purpose of— (i) evaluating the performance of such systems; or (ii) training personnel on operating pro- cedures for such systems. (B) Inclusions The term ‘‘test or training range’’ may in- clude specialized fixed or portable instru- mentation for the operation of unmanned maritime systems and other types of sys- tems. (6) Unmanned maritime systems (A) In general The term ‘‘unmanned maritime systems’’ means remotely operated or autonomous ve- hicles produced by the commercial sector— Page 1033 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4102 (i) designed to function without an on- board human presence; and (ii) that may include associated compo- nents such as control and communica- tions, instrumentation, data transmission, and processing systems. (B) Examples The term ‘‘unmanned maritime systems’’ includes the following: (i) Unmanned undersea vehicles. (ii) Unmanned surface vehicles. (iii) Autonomous underwater vehicles. (iv) Autonomous surface vehicles. (C) Treatment of aerial vehicles The term ‘‘unmanned maritime systems’’ includes unmanned aerial vehicles and au- tonomous aerial vehicles that are used to address maritime issues to the extent the Administrator determines it is necessary and appropriate to achieve the purposes of this chapter. (Pub. L. 115–394, § 2, Dec. 21, 2018, 132 Stat. 5281.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 115–394, § 1(a), Dec. 21, 2018, 132 Stat. 5281, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Commercial Engagement Through Ocean Technology Act of 2018’ or the ‘CENOTE Act of 2018’.’’ § 4102. Coordination regarding assessment and acquisition by National Oceanic and Atmos- pheric Administration of unmanned mari- time systems (a) Establishment The Administrator shall direct the Office of Oceanic and Atmospheric Research (in this chapter referred to as ‘‘OAR’’) and the Office of Marine and Aviation Operations (in this chapter referred to as ‘‘OMAO’’)— (1) to coordinate the Administration’s re- search, assessment, and acquisition of un- manned maritime systems; and (2) to consider the use of unmanned mari- time systems in cooperative activities of the Administration. (b) Coordination within the Administration (1) Unmanned Systems Executive Oversight Board In meeting the requirements described in subsection (a), the Administrator shall— (A) utilize the Unmanned Systems Execu- tive Oversight Board (in this chapter re- ferred to as the ‘‘USEOB’’) as the coordi- nating mechanism; and (B) ensure that OAR and OMAO address re- quirements throughout the Administration. (2) Included In utilizing the USEOB under paragraph (1), the Administrator shall ensure that represen- tation on the USEOB is included from the fol- lowing: (A) The Office of Ocean Exploration (OER). (B) The program office of the Integrated Ocean Observing System. (C) Such other offices of the Administra- tion as the Administrator determines are ac- tively engaged with unmanned maritime systems. (c) Coordination with the Navy (1) In general In carrying out this chapter, the Adminis- trator shall— (A) make efforts to coordinate with the Secretary of the Navy to leverage expertise in the development and operational transi- tion of unmanned maritime systems; (B) align with, utilize, and inform the Dep- uty Under Secretary of Commerce for Oper- ations and the Oceanographer of the Navy’s strategic and operational priorities, particu- larly for missions and geography within the Administration’s purview; (C) seek to utilize Naval unmanned sys- tems test or training ranges, such as the Gulf of Mexico Unmanned Systems Test and Training Range of the Naval Meteorology and Oceanography Command, and maximize interagency cooperation and sharing of best practices; and (D) to formalize coordination, execute a memorandum of understanding with the Secretary of the Navy that includes— (i) incorporating consideration of prior- ities and requirements of the Administra- tion into research and development activi- ties conducted by the Secretary of the Navy; (ii) consultation intended to encourage and facilitate efforts by the Administra- tion to partner with the Navy to procure unmanned maritime systems and to estab- lish, instrument, and operate test or train- ing ranges and related facilities; (iii) adopting procedures defined by the Secretary of the Navy for the Administra- tion to access and utilize test or training ranges or related Naval facilities for pur- poses identified in paragraph (2)(B); and (iv) such other topics as the Adminis- trator considers necessary or advisable, in- cluding mapping, bathymetry, observa- tions, and ocean exploration. (2) Location The Administrator shall, if practicable, carry out the activities authorized by this chapter at a facility where the Navy and the Administration are co-located, for the fol- lowing purposes: (A) Gaining efficiencies through collabora- tion. (B) Advancing development of unmanned maritime systems, including— (i) systems research and development; (ii) systems testing; (iii) systems modifications; and (iv) systems integration. (C) Accelerating transition from concept to manufacturing and acquisition. (d) Coordination with other Federal agencies In carrying out this chapter, the Adminis- trator and the Secretary of the Navy may utilize the National Oceanographic Partnership Pro- gram, established under chapter 665 of title 10, as a mechanism for providing interagency co-