33 USC 3603 - Integrated Coastal and Ocean Observing System

U.S Code last checked for updates: Apr 26, 2024

§ 3603.

Integrated Coastal and Ocean Observing System

(a)

Establishment

(b)

System elements

(1)

In general

In order to fulfill the purposes of this chapter, the System shall be national in scope and consist of—

(A)

Federal assets to fulfill national and international observation missions and priorities;

(B)

non-Federal assets, including a network of regional coastal observing systems identified under subsection (c)(4), to fulfill regional and national observation missions and priorities;

(C)

observing, modeling, data management, and communication systems for the timely integration and dissemination of data and information products from the System, including reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs;

(D)

a product development system to transform observations into products in a format that may be readily used and understood; and

(E)

a research and development program conducted under the guidance of the Council, consisting of—

(i)

basic and applied research and technology development—

(I)

to improve understanding of coastal and ocean systems and their relationships to human activities; and

(II)

to ensure improvement of operational assets and products, including related infrastructure, observing technologies such as unmanned maritime systems, and information and data processing and management technologies;

(ii)

an advanced observing technology development program to fill gaps in technology;

(iii)

large scale computing resources and research to advance modeling of ocean, coastal, and Great Lakes processes;

(iv)

models to improve regional weather forecasting capabilities and regional weather forecasting products; and

(v)

reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs.

(2)

Enhancing administration and management

(3)

Availability of data

(4)

Non-Federal assets

(c)

Policy oversight, administration, and regional coordination

(1)

Council functions

The Council shall serve as the policy and coordination oversight body for all aspects of the System. In carrying out its responsibilities under this chapter, the Council shall—

(A)

approve and adopt comprehensive System budgets developed and maintained by the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets;

(B)

ensure coordination of the System with other domestic and international earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems, and provide, as appropriate, support for and representation on United States delegations to international meetings on coastal and ocean observing programs; and

(C)

encourage coordinated intramural and extramural research and technology development, and a process to transition developing technology and methods into operations of the System.

(2)

Interagency Ocean Observation Committee

(A)

Establishment

(B)

Duties

The Interagency Ocean Observation Committee shall—

(i)

prepare annual and long-term plans for consideration and approval by the Council for the integrated design, operation, maintenance, enhancement, and expansion of the System to meet the objectives of this chapter and the System Plan;

(ii)

develop and transmit to Congress, along with the budget submitted by the President to Congress pursuant to section 1105(a) of title 31, an annual coordinated, comprehensive budget—

(I)

to operate all elements of the System identified in subsection (b); and

(II)

to ensure continuity of data streams from Federal and non-Federal assets;

(iii)

establish requirements for observation data variables to be gathered by both Federal and non-Federal assets and identify, in consultation with regional coastal observing systems, priorities for System observations;

(iv)

establish and define protocols and standards for System data processing, management, collection, configuration standards, formats, and communication for new and existing assets throughout the System network;

(v)

develop contract requirements for each regional coastal observing system—

(I)

to establish eligibility for integration into the System;

(II)

to ensure compliance with all applicable standards and protocols established by the Council; and

(III)

to ensure that regional observations are integrated into the System on a sustained basis;

(vi)

identify gaps in observation coverage or needs for capital improvements of both Federal assets and non-Federal assets;

(vii)

subject to the availability of appropriations, establish through 1 or more Federal agencies participating in the Interagency Ocean Observation Committee, in consultation with the System advisory committee established under subsection (d), a competitive matching grant or other programs—

(I)

to promote intramural and extramural research and development of new, innovative, and emerging observation technologies including testing and field trials; and

(II)

to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deployment;

(viii)

periodically—

(I)

review the System Plan; and

(II)

submit to the Council such recommendations as the Interagency Ocean Observation Committee may have for improvements to the System Plan;

(ix)

ensure collaboration among Federal agencies participating in the Interagency Ocean Observation Committee; and

(x)

perform such additional duties as the Council may delegate.

(3)

Lead Federal agency

(A)

In general

(B)

Consultation required

(C)

Requirements

In carrying out this paragraph, the Administrator shall—

(i)

establish and operate an Integrated Ocean Observing System Program Office within the National Oceanic and Atmospheric Administration that—

(I)

utilizes, to the extent necessary, personnel from Federal agencies participating in the Interagency Ocean Observation Committee; and

(II)

oversees daily operations and coordination of the System;

(ii)

implement policies, protocols, and standards approved by the Council and delegated by the Interagency Ocean Observation Committee;

(iii)

promulgate program guidelines—

(I)

to certify and integrate regional associations into the System; and

(II)

to provide regional coastal and ocean observation data that meet the needs of user groups from the respective regions;

(iv)

have the authority to enter into and oversee contracts, leases, grants, or cooperative agreements with non-Federal assets, including regional coastal observing systems, to support the purposes of this chapter on such terms as the Administrator deems appropriate;

(v)

implement and maintain a merit-based, competitive funding process to support non-Federal assets, including the development and maintenance of a national network of regional coastal observing systems, and develop and implement a process for the periodic review and evaluation of the regional associations;

(vi)

provide opportunities for competitive contracts and grants for demonstration projects to design, develop, integrate, deploy, maintain, and support components of the System;

(vii)

establish and maintain efficient and effective administrative procedures for the timely allocation of funds among contractors, grantees, and non-Federal assets, including regional coastal observing systems;

(viii)

develop and implement a process for the periodic review and evaluation of the regional coastal observing systems;

(ix)

formulate an annual process by which gaps in observation coverage or needs for capital improvements of Federal assets and non-Federal assets of the System are—

(I)

identified by the regional associations described in the System Plan, the Administrator, or other members of the System; and

(II)

submitted to the Interagency Ocean Observation Committee;

(x)

develop and be responsible for a data management and communication system, in accordance with standards and protocols established by the Interagency Ocean Observation Committee, by which all data collected by the System regarding ocean and coastal waters of the United States including the Great Lakes, are processed, stored, integrated, and made available to all end-user communities;

(xi)

not less frequently than once each year, submit to the Interagency Ocean Observation Committee a report on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans prepared pursuant to paragraph (2)(B)(i);

(xii)

develop and periodically update a plan to efficiently integrate into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and which will fulfill the purposes of this chapter and the System Plan; and

(xiii)

work with users and regional associations to develop products to enable real-time data sharing for decision makers, including with respect to weather forecasting and modeling, search and rescue operations, corrosive seawater forecasts, water quality monitoring and communication, and harmful algal bloom forecasting.

(4)

Regional coastal observing systems

(A)

In general

A regional coastal observing system described in the System Plan as a regional association may not be certified or established under this chapter unless it—

(i)

has been or shall be certified or established by contract or agreement by the Administrator;

(ii)

meets—

(I)

the certification standards and compliance procedure guidelines issued by the Administrator; and

(II)

the information needs of user groups in the region while adhering to national standards;

(iii)

demonstrates an organizational structure, that under funding limitations is capable of—

(I)

gathering required System observation data;

(II)

supporting and integrating all aspects of coastal and ocean observing and information programs within a region; and

(III)

reflecting the needs of State, local, and tribal governments, commercial interests, and other users and beneficiaries of the System and other requirements specified under this chapter and the System Plan;

(iv)

identifies—

(I)

gaps in observation coverage needs for capital improvements of Federal assets and non-Federal assets of the System; and

(II)

other recommendations to assist in the development of the annual and long-term plans prepared pursuant to paragraph (2)(B)(i) and transmits such information to the Interagency Ocean Observation Committee through the Program Office established under paragraph (3)(C)(i);

(v)

develops and operates under a strategic plan that will ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the Council;

(vi)

works cooperatively with governmental and nongovernmental entities at all levels to identify and provide information products of the System for multiple users within the service area of the regional coastal observing system; and

(vii)

complies with all financial oversight requirements established by the Administrator, including requirements relating to audits.

(B)

Participation

(d)

System advisory committee

(1)

In general

(2)

Purpose

The purpose of the System advisory committee is to advise the Administrator and the Interagency Ocean Observing Committee on—

(A)

administration, operation, management, and maintenance of the System, including integration of Federal and non-Federal assets and data management, data sharing, and communication aspects of the System, and fulfillment of the purposes set forth in section 3601 of this title;

(B)

expansion and periodic modernization and upgrade of technology components of the System;

(C)

identification of end-user communities, their needs for information provided by the System, and the System’s effectiveness in disseminating information to end-user communities and the general public;

(D)

additional priorities, including—

(i)

(I)

is comprised of existing high frequency radar and other sea surface current mapping infrastructure operated by national programs and regional coastal observing systems;

(II)

incorporates new high frequency radar assets or other fine scale sea surface mapping technology assets, and other assets needed to fill gaps in coverage on United States coastlines; and

(III)

follows a deployment plan that prioritizes closing gaps in high frequency radar infrastructure in the United States, starting with areas demonstrating significant sea surface current data needs, especially in areas where additional data will improve Coast Guard search and rescue models;

(ii)

fleet acquisition for unmanned maritime systems for deployment and data integration to fulfill the purposes of this chapter;

(iii)

an integrative survey program for application of unmanned maritime systems to the real-time or near real-time collection and transmission of sea floor, water column, and sea surface data on biology, chemistry, geology, physics, and hydrography;

(iv)

remote sensing and data assimilation to develop new analytical methodologies to assimilate data from the System into hydrodynamic models;

(v)

integrated, multi-State monitoring to assess sources, movement, and fate of sediments in coastal regions;

(vi)

a multi-region marine sound monitoring system to be—

(I)

planned in consultation with the Interagency Ocean Observation Committee, the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and

(II)

developed, installed, and operated in coordination with the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and

(E)

any other purpose identified by the Administrator or the Council.

(3)

Members

(A)

In general

(B)

(C)

Chairperson

(D)

Appointment

(4)

Administrative provisions

(A)

Reporting

(B)

Administrative support

(C)

Meetings

(D)

Compensation and expenses

(E)

Expiration

(e)

Civil liability

(f)

Limitation

(Pub. L. 111–11, title XII, § 12304, Mar. 30, 2009, 123 Stat. 1429; Pub. L. 116–271, title I, § 103, Dec. 31, 2020, 134 Stat. 3333; Pub. L. 117–286, § 4(a)(209), Dec. 27, 2022, 136 Stat. 4329.)

cite as: 33 USC 3603