10 U.S.C. § 8634 — Submarine safety programs: participation

Page 3316 TITLE 10—ARMED FORCES § 8634 and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. 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 this title. EFFECTIVE DATE Pub. L. 106–65, div. A, title X, § 1014(c), Oct. 5, 1999, 113 Stat. 742, provided that: ‘‘Section 7233 of title 10, United States Code, as added by subsection (a), shall take ef- fect on October 1, 1999.’’ LONG-TERM LEASE OR CHARTER AUTHORITY FOR CER- TAIN DOUBLE-HULL TANKERS AND OCEANOGRAPHIC VESSELS Pub. L. 103–160, div. A, title I, § 126, Nov. 30, 1993, 107 Stat. 1567, as amended by Pub. L. 104–106, div. D, title XLIII, § 4321(i)(1)(A), Feb. 10, 1996, 110 Stat. 676, provided that: ‘‘(a) AUTHORITY.—The Secretary of the Navy may enter into a long-term lease or charter for any double- hull tanker or oceanographic vessel constructed in a United States shipyard after the date of the enactment of this Act [Nov. 30, 1993] using assistance provided under the National Shipbuilding Initiative. ‘‘(b) CONDITIONS ON OBLIGATION OF FUNDS.—Unless budget authority is specifically provided in an appro- priations Act for the lease or charter of vessels pursu- ant to subsection (a), the Secretary may not enter into a contract for a lease or charter pursuant to that sub- section unless the contract includes the following pro- visions: ‘‘(1) A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that lease or charter or that kind of vessel lease or charter. ‘‘(2) A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that lease or charter, or that kind of lease or charter, for that fiscal year. ‘‘(3) A statement that such a commitment given under paragraph (2) does not constitute an obligation of the United States. ‘‘(c) INAPPLICABILITY OF CERTAIN LAWS.—A long-term lease or charter authorized by subsection (a) may be entered into without regard to the provisions of section 2401 [see 10 U.S.C. 3671 et seq.] or 2401a [see 10 U.S.C. 3678, 3681] of title 10, United States Code. ‘‘(d) DEFINITION.—For purposes of subsection (a), the term ‘long-term lease or charter’ has the meaning given that term in subparagraph (A) of section 2401(d)(1) of title 10, United States Code [now 10 U.S.C. 3674(a)(1)(A)].’’ § 8634. Submarine safety programs: participation of NATO naval personnel (a) ACCEPTANCE OF ASSIGNMENT OF FOREIGN NAVAL PERSONNEL.—In order to facilitate the development, standardization, and interoper- ability of submarine vessel safety and rescue systems and procedures, the Secretary of the Navy may conduct a program beginning on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 under which members of the naval service of any of the member nations of the North Atlantic Treaty Organization may be assigned to United States commands to work on such systems and procedures. (b) RECIPROCITY NOT REQUIRED.—The author- ity under subsection (a) is not an exchange pro- gram. Reciprocal assignments of members of the Navy to the naval service of a foreign country is not a condition for the exercise of such author- ity. (c) COSTS FOR FOREIGN PERSONNEL.—(1) The United States may not pay the following costs for a member of a foreign naval service sent to the United States under the program authorized by this section: (A) Salary. (B) Per diem. (C) Cost of living. (D) Travel costs. (E) Cost of language or other training. (F) Other costs. (2) Paragraph (1) does not apply to the fol- lowing costs, which may be paid by the United States: (A) The cost of temporary duty directed by the Secretary of the Navy or an officer of the Navy authorized to do so. (B) The cost of training programs conducted to familiarize, orient, or certify members of foreign naval services regarding unique as- pects of their assignments. (C) Costs incident to the use of the facilities of the Navy in the performance of assigned du- ties. (d) RELATIONSHIP TO OTHER AUTHORITY.—The provisions of this section shall apply in the exer- cise of any authority of the Secretary of the Navy to enter into an agreement with the gov- ernment of a foreign country, subject to the concurrence of the Secretary of State, to pro- vide for the assignment of members of the naval service of the foreign country to a Navy sub- marine safety program. The Secretary of the Navy may prescribe regulations for the applica- tion of this section in the exercise of such au- thority. (Added Pub. L. 108–375, div. A, title XII, § 1223(a), Oct. 28, 2004, 118 Stat. 2089, § 7234; renumbered § 8634, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836; amended Pub. L. 118–31, div. A, title XII, § 1248, Dec. 22, 2023, 137 Stat. 464.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (a), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023. PRIOR PROVISIONS A prior section 8634, act Aug. 10, 1956, ch. 1041, 70A Stat. 532; Pub. L. 101–510, div. A, title III, § 327(c), Nov. 5, 1990, 104 Stat. 1532, generally prohibited Air Force band from being paid for performance outside air base, prior to repeal by Pub. L. 110–181, div. A, title V, § 590(b)(1), Jan. 28, 2008, 122 Stat. 138. See section 974 of this title. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 1248(b), substituted ‘‘the Secretary of the Navy may conduct a program be- ginning on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year Page 3317 TITLE 10—ARMED FORCES § 8635 2024’’ for ‘‘the Secretary of the Navy may conduct a program’’. Subsec. (e). Pub. L. 118–31, § 1248(a), struck out subsec. (e). Text read as follows: ‘‘The Secretary of the Navy may not accept the assignment of a member of the naval service of a foreign country under this section after September 30, 2008.’’ 2018—Pub. L. 115–232 renumbered section 7234 of this title as this section. 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 this title. § 8635. Establishment of the Southern Sea Otter Military Readiness Areas (a) ESTABLISHMENT.—The Secretary of the Navy shall establish areas, to be known as ‘‘Southern Sea Otter Military Readiness Areas’’, for national defense purposes. Such areas shall include each of the following: (1) The area that includes Naval Base Ven- tura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates: N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′. (2) The area that includes Naval Base Coro- nado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone. (b) ACTIVITIES WITHIN THE SOUTHERN SEA OTTER MILITARY READINESS AREAS.— (1) INCIDENTAL TAKINGS UNDER ENDANGERED SPECIES ACT OF 1973.—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the inci- dental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readi- ness activity. (2) INCIDENTAL TAKINGS UNDER MARINE MAM- MAL PROTECTION ACT OF 1972.—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any south- ern sea otter in the Southern Sea Otter Mili- tary Readiness Areas in the course of con- ducting a military readiness activity. (3) TREATMENT AS SPECIES PROPOSED TO BE LISTED.—For purposes of conducting a mili- tary readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the pur- poses of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an en- dangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (c) REMOVAL.—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas. (d) REVISION OR TERMINATION OF EXCEPTIONS.— The Secretary of the Interior may revise or ter- minate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that mili- tary activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable pop- ulation levels. (e) MONITORING.— (1) IN GENERAL.—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and re- search parameters and methods shall be deter- mined in consultation with the Service. (2) REPORTS.—Not later than November 25, 2017, and every three years thereafter, the Sec- retary of the Navy shall report to Congress and the public on monitoring undertaken pur- suant to paragraph (1). (f) DEFINITIONS.—In this section: (1) SOUTHERN SEA OTTER.—The term ‘‘south- ern sea otter’’ means any member of the sub- species Enhydra lutris nereis. (2) TAKE.—The term ‘‘take’’— (A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall have the meaning given such term in that Act; and (B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall have the meaning given such term in that Act. (3) INCIDENTAL TAKING.—The term ‘‘inci- dental taking’’ means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. (4) MILITARY READINESS ACTIVITY.—The term ‘‘military readiness activity’’ has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note) and in- cludes all training and operations of the armed forces that relate to combat and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use. (5) OPTIMUM SUSTAINABLE POPULATION.—The term ‘‘optimum sustainable population’’ means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or