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APPENDIX C NOAA'S STATUTORY AUTHORITY AUTHORIZING LEGISLATION Presidential Reorganization Plan Number Four of 1970 (84 Stat. 2090) created the National Oceanic and Atmospheric Administration (NOAA) and gave the agency the responsibility to expand effective and rational use of ocean resources; monitor and predict conditions in the atmosphere, oceans, and space; and explore the feasibility and consequences of environmental modification. NOAA uses the 23 ships of the fleet to fulfill its responsibilities. NOAA's basic statutory authority to establish and operate a research fleet is found in the Coast and Geodetic Survey (C&GS) Act, 33 U.S. Code 883a through 883i. These sections include the following provisions: authority to employ public vessels; authority to appropriate funds to acquire, construct, maintain, and operate ships; authority to conduct hydrographic and topographic surveys; authority to conduct investigations in the geophysical sciences including oceanography; authority to enter into cooperative agreements for surveys or investigations; and authority to contract with qualified organizations to perform authorized functions. Table C-1 is a list of legislation authorizing NOAA programs that use NOAA vessels. These programs require vessel support to collect data necessary to achieve program goals. Appropriate sections of 33 U.S. Code 883a through 883i are summarized below: 883h: ''The President is authorized to cause to be employed such of the public vessels as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper in order to carry out the provisions of sections 883a to 883i" of title 33. 883i: "There are authorized to be appropriated such funds as may be necessary to acquire, construct, maintain, and operate ships, sta- tions, equipment, and facilities and for such other expenditures . . . 67

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68 as may be necessary for the conduct of the activities herein authorized." include: The "activities herein authorized" that are referred to in 883i 883a: Authorizes the director of the Coast and Geodetic Survey to conduct: "~1) Hydrographic and topographic surveys; (2) Tide and current observations; (3) Geodetic-control surveys; (4) Field surveys for aeronautical charts; (5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for determination of variation in latitude and longitude." 883d: Authorizes the director to "conduct investigations and research in geophysical sciences (including geodesy, oceanography, seismology, and geomagnetism)." 883e: Authorizes the director to "enter into cooperative agreements with, and to receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual, for surveys or investigations authorized (by the Act). . . ." 883f: Authorizes the director "to contract with qualified organi- zations for the performance of any part of the authorized functions of the Coast and Geodetic Survey when he deems such procedure to be in the public interests." Other statutes direct or authorize performance of various kinds of research that create requirements for research vessels, but the C&GS Act is the fundamental authority for NOAA to have and operate its own fleet. The Office of the Director of the C&GS was abolished, and the functions of the Survey were consolidated with the Weather Bureau in a new agency called the Environmental Science Services Administration (ESSA), as part of the Department of Commerce, by Reorganization Plan No. 2 of 1965, effective July 13, 1965, 30 Fed. Reg. 8819, 79 Stat. 1318. ESSA was abolished, and NOAA was established, by Reorganization Plan No. 4 of 1970, effective October 3, 1970, 35 Fed. Reg. 1S627, 84 Stat. 2090.

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69 TABLE C-1 National Oceanic and Atmospheric Administration Authorizing Legislation Operations, Research, and Facilities Legislation Created Under P.L. Number Currently Authorized Under P.L. Number Expiration Date of Authorization Anadromous Fisheries Conservation Act Coast and Geodetic Surveys Act Coastal Zone Management Act of 1972 Commercial Fisheries Research and Develop- ment Act of 1964 Deep Seabed Hard Minerals Resource Act Interjurisdictional Fisheries Act of 1986 Land Remote Sensing Commercialization Act Magnuson Fishery Conserva- tion and Management Act of 1976 Marine Mammal Protection Act of 1972 Marine Protection Research and Sanctuaries Act of 1972 (Title II) Marine Protection Research and Sanctuaries Act of 1972 (Title III) National Climate Program Act National Ocean Pollution Planning Act NOAA Commissioned Officers Act NOAA Marine Fisheries Program Authorization National Sea Grant College Program Act National Weather Service Organic Act Weather Modification 89-304 80-373 92-583 88-309 96-283 99-659 98-365 94-265 92-522 92-532 94-62 95-367 95-273 91-621 98-210 89-454 26-653 92-205 99-659 9/30/89 80-373 None 99-272 9/30/90 99-659 99-507 99-659 99-62 9/30/90 9/30/89 9/30/89 9/30/89 99-659 9/30/89 98-364 9/30/89 99-272 9/30/88 98-498 99-272 100-02 91-621 99-659 100-220 26-653 (as amended) 99-272 9/30/88 9/30/89 9/30/88 None 9/30/89 12/29/90 None 9/30/88

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