33 U.S.C. § 3504a — Ocean and coastal mapping Federal

Page 980 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3504 1 See References in Text note below. lished under section 5405 of such Act, shall submit to the Committee on Commerce, Science, and Transpor- tation and the Committee on Energy and Natural Re- sources of the Senate, and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,’’ for ‘‘No later than 18 months after March 30, 2009, and bienni- ally thereafter, the co-chairmen of the Committee shall transmit to the Committees on Commerce, Science, and Transportation and Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ in introductory provi- sions. Par. (1). Pub. L. 117–263, § 10307(c)(2), inserted ‘‘, including the data maintained by the National Cen- ters for Environmental Information of the National Oceanic and Atmospheric Administration,’’ after ‘‘map- ping data’’. Par. (3). Pub. L. 117–263, § 10307(c)(3), inserted ‘‘, including a plan to map the coasts of the United States on a requirements-based cycle, with mapping agencies and partners coordinating on a unified ap- proach that factors in recent related studies, meets multiple user requirements, and identifies gaps’’ after ‘‘accomplished’’. Par. (10). Pub. L. 117–263, § 10307(c)(4), (5), redesignated par. (11) as (10), substituted ‘‘with international, coast- al State, and local government and nongovernmental mapping programs’’ for ‘‘with coastal state and local government programs’’, and struck out former par. (10) which related to a resource plan for a digital coast in- tegrated mapping pilot project for the northern Gulf of Mexico. Par. (11). Pub. L. 117–263, § 10307(c)(4), (6), redesignated par. (12) as (11), substituted ‘‘streamline and expand’’ for ‘‘increase’’, inserted ‘‘for the purpose of fulfilling Federal mapping and charting responsibilities, plans, and strategies’’ after ‘‘entities’’, and struck out ‘‘and’’ at end. Former par. (11) redesignated (10). Par. (12). Pub. L. 117–263, § 10307(c)(4), (7), redesignated par. (13) as (12) and substituted semicolon for period at end. Former par. (12) redesignated (11). Pars. (13) to (16). Pub. L. 117–263, § 10307(c)(8), added pars. (13) to (16). Former par. (13) redesignated (12). § 3504. NOAA joint ocean and coastal mapping centers The Administrator may maintain and operate up to three joint ocean and coastal mapping cen- ters, including a joint hydrographic center, which shall each be co-located with an institu- tion of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this chapter, including— (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the United States Outer Con- tinental Shelf and other regions; (3) data processing for nontraditional data and uses; (4) advancing the use of remote sensing and uncrewed technologies, for related issues, in- cluding mapping and assessment of essential fish habitat and of coral resources, ocean ob- servations, and ocean exploration; and (5) providing graduate education and train- ing in ocean and coastal mapping sciences for members of the National Oceanic and Atmos- pheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel. (Pub. L. 111–11, title XII, § 12205, Mar. 30, 2009, 123 Stat. 1424; Pub. L. 117–263, div. J, title CIII, § 10307(d)(1), (2), Dec. 23, 2022, 136 Stat. 3978.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 10307(d)(2), substituted ‘‘NOAA joint ocean and coastal mapping centers’’ for ‘‘Plan’’ in section catchline, redesignated subsec. (c) as entire sec- tion, struck out subsec. (c) heading ‘‘NOAA joint ocean and coastal mapping centers’’ before introductory pro- visions, and struck out subsecs. (a), (b), and (d) which related to development of a plan for an integrated ocean and coastal mapping initiative, requirements for the plan, and strategy for expanding contracting with non-governmental entities, respectively. Subsec. (c). Pub. L. 117–263, § 10307(d)(1), in subsec. (c) prior to its redesignation as entire section, substituted ‘‘three’’ for ‘‘3’’ in introductory provisions and inserted ‘‘and uncrewed’’ after ‘‘sensing’’ in par. (4). § 3504a. Ocean and coastal mapping Federal funding opportunity (a) In general Not later than one year after the date of the enactment of the National Ocean Exploration Act,1 the Administrator shall develop an inte- grated ocean and coastal mapping Federal fund- ing match opportunity, to be known as the ‘‘Brennan Ocean Mapping Fund’’ in memory of Rear Admiral Richard T. Brennan, within the National Oceanic and Atmospheric Administra- tion with Federal, State, Tribal, local, non- profit, private industry, or academic partners in order to increase the coordinated acquisition, processing, stewardship, and archival of new ocean and coastal mapping data in United States waters. (b) Rules The Administrator shall develop administra- tive and procedural rules for the ocean and coastal mapping Federal funding match oppor- tunity developed under subsection (a), to in- clude— (1) specific and detailed criteria that must be addressed by an applicant, such as geo- graphic overlap with preestablished priorities, number and type of project partners, benefit to the applicant, coordination with other funding opportunities, and benefit to the pub- lic; (2) determination of the appropriate funding match amounts and mechanisms to use, such as grants, agreements, or contracts; and (3) other funding award criteria as are nec- essary or appropriate to ensure that evalua- tions of proposals and decisions to award fund- ing under this section are based on objective standards applied fairly and equitably to those proposals. (c) Geospatial services and contract vehicles The ocean and coastal mapping Federal fund- ing match opportunity developed under sub- section (a) shall leverage Federal expertise and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies. (Pub. L. 111–11, title XII, § 12206, as added Pub. L. 117–263, div. J, title CIII, § 10307(e)(2), Dec. 23, 2022, 136 Stat. 3978.) Page 981 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3507 1 See References in Text note below. 1 So in original. Closing single quotation mark probably should not appear. Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Ocean Ex- ploration Act, referred to in subsec. (a), probably means the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not en- acted as part of Pub. L. 117–263. PRIOR PROVISIONS A prior section 12206 of Pub. L. 111–11 was renumbered 12208 and is classified to section 3505 of this title. § 3504b. Agreements and financial assistance (a) Agreements Subject to the availability of appropriations for such purpose, the head of a Federal agency that is represented on the Interagency Com- mittee on Ocean and Coastal Mapping may enter into agreements with any other agency that is so represented to provide, on a reimbursable or nonreimbursable basis, facilities, equipment, services, personnel, and other support services to carry out the purposes of this chapter. (b) Financial assistance The Administrator may make financial assist- ance awards (grants of cooperative agreements) to any State or subdivision thereof or any public or private organization or individual to carry out the purposes of this chapter. (Pub. L. 111–11, title XII, § 12207, as added Pub. L. 117–263, div. J, title CIII, § 10307(e)(2), Dec. 23, 2022, 136 Stat. 3979.) Editorial Notes PRIOR PROVISIONS A prior section 12207 of Pub. L. 111–11 was renumbered section 12209 and is classified to section 3506 of this title. § 3505. Effect on other laws Nothing in this chapter shall be construed to supersede or alter the existing authorities of any Federal agency with respect to ocean and coastal mapping. (Pub. L. 111–11, title XII, § 12208, formerly § 12206, Mar. 30, 2009, 123 Stat. 1426; renumbered § 12208, Pub. L. 117–263, div. J, title CIII, § 10307(e)(1), Dec. 23, 2022, 136 Stat. 3978.) Editorial Notes PRIOR PROVISIONS A prior section 12208 of Pub. L. 111–11 was renumbered 12210 is classified to section 3507 of this title. § 3506. Authorization of appropriations (a) In general In addition to the amounts authorized by sec- tion 892d of this title, there are authorized to be appropriated to the Administrator to carry out this chapter $45,000,000 for each of fiscal years 2023 through 2028. (b) Joint ocean and coastal mapping centers Of the amounts appropriated pursuant to sub- section (a), the following amounts shall be used to carry out section 3504(c) 1 of this title $15,000,000 for each of fiscal years 2023 through 2028. (c) Ocean and coastal mapping Federal funding opportunity Of amounts authorized pursuant to subsection (a), $20,000,000 is authorized to carry out section 3504a of this title. (Pub. L. 111–11, title XII, § 12209, formerly § 12207, Mar. 30, 2009, 123 Stat. 1426; renumbered § 12209 and amended Pub. L. 117–263, div. J, title CIII, § 10307(e)(1), (f), Dec. 23, 2022, 136 Stat. 3978, 3979.) Editorial Notes REFERENCES IN TEXT Section 3504 of this title, referred to in subsec. (b), was amended by Pub. L. 117–263, div. J, title CIII, § 10307(d)(2)(B), (C), Dec. 23, 2022, 136 Stat. 3978, by strik- ing out the subsec. (c) designation and striking all the other subsections, thereby redesignating subsec. (c) as all of section 3504 of this title. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 10307(f)(1), sub- stituted ‘‘this chapter $45,000,000 for each of fiscal years 2023 through 2028.’’ for ‘‘this chapter—’’ and struck out pars. (1) to (4) which authorized appropriations for fis- cal years 2009 through 2015. Subsec. (b). Pub. L. 117–263, § 10307(f)(2), substituted ‘‘this title $15,000,000 for each of fiscal years 2023 through 2028.’’ for ‘‘this title:’’ and struck out pars. (1) to (4) which authorized appropriations for fiscal years 2009 through 2015. Subsec. (c). Pub. L. 117–263, § 10307(f)(3), (4), added sub- sec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘To carry out inter- agency activities under section 3502 of this title, the head of any department or agency may execute a coop- erative agreement with the Administrator, including those authorized by section 883e of this title.’’ § 3507. Definitions In this chapter: (1) Administrator The term ‘‘Administrator’ ’’ 1 means the Ad- ministrator of the National Oceanic and At- mospheric Administration. (2) Coastal state The term ‘‘coastal state’’ has the meaning given that term by section 1453(4) of title 16. (3) Working Group The term ‘‘Working Group’’ means the Inter- agency Working Group on Ocean and Coastal Mapping under section 3502 of this title. (4) Exclusive economic zone The term ‘‘exclusive economic zone’’ means the exclusive economic zone of the United States established by Presidential Proclama- tion No. 5030, of March 10, 1983. (5) Ocean and coastal mapping The term ‘‘ocean and coastal mapping’’ means the acquisition, processing, manage- ment, maintenance, interpretation, certifi- cation, and dissemination of physical, biologi-