33 U.S.C. § 892a — Functions of the Administrator

Page 266 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 892a 1 See References in Text note below. and other products derived from hydro- graphic data; (B) the development of nautical informa- tion systems; and (C) related activities. (5) Coast and Geodetic Survey Act The term ‘‘Coast and Geodetic Survey Act’’ means the Act entitled ‘‘An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes’’, approved Au- gust 6, 1947 (33 U.S.C. 883a et seq.). (Pub. L. 105–384, title III, § 302, Nov. 13, 1998, 112 Stat. 3454; Pub. L. 107–372, title I, § 102, Dec. 19, 2002, 116 Stat. 3079; Pub. L. 110–386, § 2, Oct. 10, 2008, 122 Stat. 4106; Pub. L. 117–263, div. J, title CIII, § 10308(a), Dec. 23, 2022, 136 Stat. 3980.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 105–384, Nov. 13, 1998, 112 Stat. 3454, which is classified prin- cipally to this subchapter. For complete classification of this title to the Code, see Short Title of 1998 Amend- ment note set out under section 851 of this title and Ta- bles. Act of August 6, 1947, referred to in par. (5), is act Aug. 6, 1947, ch. 504, 61 Stat. 787, which is classified gen- erally to subchapter II of this chapter. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2022—Par. (4)(A). Pub. L. 117–263 inserted ‘‘hydro- dynamic forecast and datum transformation models,’’ after ‘‘nautical information databases,’’. 2008—Pars. (3) to (5). Pub. L. 110–386, which directed the amendment of section ‘‘303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892)’’ by adding pars. (3) to (5) and striking out former pars. (3) to (5), was executed to this section, which is section 302 of the Hydrographic Services Improvement Act of 1998, to reflect the probable intent of Congress. Prior to amendment, pars. (3) to (5) defined the terms ‘‘hydro- graphic data’’, ‘‘hydrographic services’’, and ‘‘Act of 1947’’, respectively. 2002—Par. (3). Pub. L. 107–372, § 102(1), inserted ‘‘, geospatial, or geomagnetic’’ after ‘‘geodetic’’. Par. (4). Pub. L. 107–372, § 102(2), inserted ‘‘geospatial, geomagnetic,’’ after ‘‘geodetic,’’. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘Hydro- graphic Services Improvement Act of 1998’’, see section 301 of Pub. L. 105–384, set out as a Short Title of 1998 Amendment note under section 851 of this title. § 892a. Functions of the Administrator (a) Responsibilities To fulfill the data gathering and dissemina- tion duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the pur- poses of this subchapter, the Administrator shall— (1) acquire and disseminate hydrographic data and provide hydrographic services; (2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services; (3) promulgate standards for hydrographic services provided by the Administration; (4) ensure comprehensive geographic cov- erage of hydrographic services, in cooperation with other appropriate Federal agencies; (5) maintain a national database of hydro- graphic data, in cooperation with other appro- priate Federal agencies; (6) provide hydrographic services in uniform, easily accessible formats; (7) participate in the development of, and implement for the United States in coopera- tion with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and (8) to the greatest extent practicable and cost-effective, fulfill the requirements of para- graphs (1) and (6) through contracts or other agreements with private sector entities. (b) Authorities To fulfill the data gathering and dissemina- tion duties of the Administration under the Coast and Geodetic Survey Act, promote preci- sion navigation, safe, efficient, and environ- mentally sound marine transportation, and oth- erwise fulfill the purposes of this subchapter, subject to the availability of appropriations, the Administrator— (1) may procure, lease, evaluate, test, de- velop, and operate vessels, equipment, and technologies necessary to ensure safe naviga- tion and maintain operational expertise in hy- drographic data acquisition and hydrographic services; (2) shall, subject to the availability of appro- priations, design, install, maintain, and oper- ate real-time hydrographic monitoring sys- tems and hydrodynamic forecast models to en- hance navigation safety and efficiency and provide foundational information and services required to support coastal resilience planning for coastal transportation and other infra- structure, coastal protection and restoration projects, and related activities; (3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydro- graphic data and provide hydrographic serv- ices to support the conservation and manage- ment of coastal and ocean resources; (4) where appropriate, may acquire hydro- graphic data and provide hydrographic serv- ices to save and protect life and property and support the resumption of commerce in re- sponse to emergencies, natural and man-made disasters, and homeland security and mari- time domain awareness needs, including ob- taining mission assignments (as defined in sec- tion 741 of title 6); (5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems ap- propriate or necessary to carry out the pur- poses of this subchapter; and (6) notwithstanding the existence of such joint centers, shall award contracts for the ac- quisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40.1 Page 267 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 892b (c) Conservation and management of coastal and ocean resources Where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Secretary may use hy- drographic data and services to support the con- servation and management of coastal and ocean resources. (Pub. L. 105–384, title III, § 303, Nov. 13, 1998, 112 Stat. 3454; Pub. L. 107–372, title I, § 103, Dec. 19, 2002, 116 Stat. 3079; Pub. L. 110–386, § 3, Oct. 10, 2008, 122 Stat. 4107; Pub. L. 117–263, div. J, title CIII, § 10308(b), Dec. 23, 2022, 136 Stat. 3980.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, and was translated, to reflect the probable intent of Congress, as reading ‘‘this title’’, meaning title III of Pub. L. 105–384, Nov. 13, 1998, 112 Stat. 3454, known as the Hydrographic Services Im- provement Act of 1998, which is classified principally to this subchapter. For complete classification of title III to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables. Subchapter VI of chapter 10 of title 40, referred to in subsec. (b)(6), probably means title IX of the Federal Property and Administrative Services Act of 1949, act June 30, 1949, ch. 288, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278. Title IX of the Act, which was classi- fied generally to subchapter VI (§ 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§ 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of act June 30, 1949, to the Code, see Tables. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263, § 10308(b)(1), inserted ‘‘precision navigation,’’ after ‘‘promote’’ in introduc- tory provisions. Subsec. (b)(2). Pub. L. 117–263, § 10308(b)(2), inserted ‘‘and hydrodynamic forecast models’’ after ‘‘moni- toring systems’’ and ‘‘and provide foundational infor- mation and services required to support coastal resil- ience planning for coastal transportation and other in- frastructure, coastal protection and restoration projects, and related activities’’ after ‘‘efficiency’’ and struck out ‘‘and’’ after semicolon at end. 2008—Subsec. (a). Pub. L. 110–386, § 3(1), substituted ‘‘the Coast and Geodetic Survey Act, promote safe, effi- cient and environmentally sound marine transpor- tation, and otherwise fulfill the purposes of this sub- chapter,’’ for ‘‘the Act of 1947,’’ in introductory provi- sions. Subsec. (a)(1). Pub. L. 110–386, § 3(2), substituted ‘‘data and provide hydrographic services;’’ for ‘‘data;’’. Subsec. (b). Pub. L. 110–386, § 3(3), added subsec. (b) and struck out former subsec. (b) which related to ac- tions of Administrator to fulfill data gathering and dis- semination duties of the Administration under the Act of 1947. 2002—Subsec. (b)(4). Pub. L. 107–372, § 103(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘may design and install where appropriate Physical Oceanographic Real-Time Systems to enhance navigation safety and efficiency.’’ Subsec. (c). Pub. L. 107–372, § 103(b), added subsec. (c). Statutory Notes and Related Subsidiaries CHARTING AND SURVEY SERVICES Pub. L. 116–259, title V, § 501, Dec. 23, 2020, 134 Stat. 1178, provided that: ‘‘(a) IN GENERAL.—Not later than 270 days after the development of the strategy required by section 1002(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 [Pub. L. 115–282] (33 U.S.C. 892a note), the Sec- retary of Commerce shall enter into not fewer than 2 multi-year contracts with 1 or more private entities for the performance of charting and survey services by ves- sels. ‘‘(b) CHARTING AND SURVEYS IN THE ARCTIC.—In solic- iting and engaging the services of vessels under sub- section (a), the Secretary shall particularly emphasize the need for charting and surveys in the Arctic.’’ SYSTEM FOR TRACKING AND REPORTING ALL-INCLUSIVE COST OF HYDROGRAPHIC SURVEYS Pub. L. 115–282, title X, § 1002, Dec. 4, 2018, 132 Stat. 4365, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Dec. 4, 2018], the Sec- retary of Commerce shall— ‘‘(1) develop and implement a system to track and report the full cost to the Department of Commerce of hydrographic data collection, including costs re- lating to vessel acquisition, vessel repair, and admin- istration of contracts to procure data; ‘‘(2) evaluate measures for comparing cost per unit effort in addition to measures of cost per nautical square mile; and ‘‘(3) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Rep- resentatives a report on which additional measures for comparing cost per unit effort the Secretary in- tends to use and the rationale for such use. ‘‘(b) DEVELOPMENT OF STRATEGY FOR INCREASED CON- TRACTING WITH NONGOVERNMENTAL ENTITIES FOR HY- DROGRAPHIC DATA COLLECTION.—Not later than 180 days after the date on which the Secretary completes the ac- tivities required by subsection (a), the Secretary shall develop a strategy for how the National Oceanic and Atmospheric Administration will increase contracting with nongovernmental entities for hydrographic data collection in a manner that is consistent with the re- quirements of the Ocean and Coastal Mapping Integra- tion Act ([subtitle B of title XII of] Public Law 111–11; 33 U.S.C. 3501 et seq.).’’ HYDROGRAPHIC SURVEY Pub. L. 106–541, title V, § 554, Dec. 11, 2000, 114 Stat. 2679, provided that: ‘‘The Secretary [of the Army] shall enter into an agreement with the Administrator of the National Oceanic and Atmospheric Administration— ‘‘(1) to require the Secretary, not later than 60 days after the Corps of Engineers completes a project in- volving dredging of a channel, to provide data to the Administration in a standard digital format on the results of a hydrographic survey of the channel con- ducted by the Corps of Engineers; and ‘‘(2) to require the Administrator to provide the final charts with respect to the project to the Sec- retary in digital format, at no charge, for the purpose of enhancing the mission of the Corps of Engineers of maintaining Federal navigation projects.’’ § 892b. Quality assurance program (a) Definition For purposes of this section, the term ‘‘hydro- graphic product’’ means any publicly or com- mercially available product or service produced or disseminated by a non-Federal entity that in- cludes or displays hydrographic data. (b) Program (1) In general The Administrator— (A) by not later than 2 years after Decem- ber 19, 2002, shall, subject to the availability