[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4883 Enrolled Bill (ENR)]
H.R.4883
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To reauthorize the Hydrographic Services Improvement Act of 1998, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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The table of contents for this Act is as follows:

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TITLE I

-NOAA HYDROGRAPHIC SERVICES IMPROVEMENT

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TITLE II

-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED

Subtitle B--Appointment and Promotion of Officers

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Subtitle C--Separation and Retirement of Officers

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Subtitle D--Service of Officers With the Military Departments

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departments.
Subtitle E--Rights and Benefits

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privileges, immunities, and benefits under certain provisions
of law.

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Subtitle F--Repeals and Conforming Amendments

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TITLE III

-VARIOUS FISHERIES CONSERVATION REAUTHORIZATIONS

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(a) Short Title.--This title may be cited as the ``Hydrographic
Services Improvement Act Amendments of 2002''.
(b) References.--Except as otherwise expressly provided, whenever
in this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.).

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Section 302 (33 U.S.C. 892) is amended--
(1) in paragraph (3) by inserting ``, geospatial, or
geomagnetic'' after ``geodetic''; and
(2) in paragraph (4) by inserting ``geospatial, geomagnetic,''
after ``geodetic,''.

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(a) Hydrographic Monitoring Systems.--Section 303(b)(4) (33 U.S.C.
892a(b)(4)) is amended to read as follows:
``(4) shall, subject to the availability of appropriations,
design, install, maintain, and operate real-time hydrographic
monitoring systems to enhance navigation safety and efficiency.''.
(b) Conservation and Management of Coastal and Ocean Resources.--
Section 303 (33 U.S.C. 892a) is further amended by adding at the end
the following:
``(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
hydrographic data and services to support the conservation and
management of coastal and ocean resources.''.

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(a) In General.--Section 304(b)(1) (33 U.S.C. 892b(b)(1)) is
amended to read as follows:
``(1) In general.--The Administrator--
``(A) by not later than 2 years after the date of enactment
of the Hydrographic Services Improvement Act Amendments of
2002, shall, subject to the availability of appropriations,
develop and implement a quality assurance program that is
equally available to all applicants, under which the
Administrator may certify hydrographic products that satisfy
the standards promulgated by the Administrator under section
303(a)(3) of this Act;
``(B) may authorize the use of the emblem or any trademark
of the Administration on a hydrographic product certified under
subparagraph (A); and
``(C) may charge a fee for such certification and use.''.

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Section 305 (33 U.S.C. 892c) is amended to read as follows:
``SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL.
``(a) Establishment.--No later than 1 year after the date of
enactment of the Hydrographic Services Improvement Act Amendments of
2002, the Secretary shall establish the Hydrographic Services Review
Panel.
``(b) Duties.--
``(1) In general.--The panel shall advise the Administrator on
matters related to the responsibilities and authorities set forth
in section 303 of this Act and such other appropriate matters as
the Administrator refers to the panel for review and advice.
``(2) Administrative resources.--The Administrator shall make
available to the panel such information, personnel, and
administrative services and assistance as it may reasonably require
to carry out its duties.
``(c) Membership.--
``(1) In general.--
``(A) The panel shall consist of 15 voting members who
shall be appointed by the Administrator. The Director of the
Joint Hydrographic Institute and no more than 2 employees of
the National Oceanic and Atmospheric Administration appointed
by the Administrator shall serve as nonvoting members of the
panel. The voting members of the panel shall be individuals
who, by reason of knowledge, experience, or training, are
especially qualified in one or more of the disciplines and
fields relating to hydrographic surveying, tide, current
geodetic and geospatial measurement, marine transportation,
port administration, vessel pilotage, and coastal and fishery
management.
``(B) An individual may not be appointed as a voting member
of the panel if the individual is a full-time officer or
employee of the United States.
``(C) Any voting member of the panel who is an applicant
for, or beneficiary (as determined by the Secretary) of, any
assistance under this Act shall disclose to the panel that
relationship, and may not vote on any matter pertaining to that
assistance.
``(2) Terms.--
``(A) The term of office of a voting member of the panel
shall be 4 years, except that of the original appointees, five
shall be appointed for a term of 2 years, five shall be
appointed for a term of 3 years, and five shall be appointed
for a term of 4 years, as specified by the Administrator at the
time of appointment.
``(B) Any individual appointed to a partial or full term
may be reappointed for one additional full term. A voting
member may serve after the date of the expiration of the term
of office for which appointed until his or her successor has
taken office.
``(3) Nominations.--At least once each year, the Secretary
shall publish a notice in the Federal Register soliciting
nominations for membership on the panel.
``(4) Chairman and vice chairman.--
``(A) The panel shall select one voting member to serve as
the Chairman and another voting member to serve as the Vice
Chairman.
``(B) The Vice Chairman shall act as Chairman in the
absence or incapacity of the Chairman.
``(d) Compensation.--Voting members of the panel shall--
``(1) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5, United States Code, when actually engaged
in the performance of duties for such panel; and
``(2) be reimbursed for actual and reasonable expenses incurred
in the performance of such duties.
``(e) Meetings.--The panel shall meet on a biannual basis and, at
any other time, at the call of the Chairman or upon the request of a
majority of the voting members or of the Secretary.
``(f) Powers.--The panel may exercise such powers as are reasonably
necessary in order to carry out its duties under subsection (b).''.

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Section 306 (33 U.S.C. 892d) is amended to read as follows:
``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Administrator the
following:
``(1) To carry out nautical mapping and charting functions
under sections 303 and 304 of this Act, except for conducting
hydrographic surveys--
``(A) $50,000,000 for fiscal year 2003;
``(B) $55,000,000 for fiscal year 2004;
``(C) $60,000,000 for fiscal year 2005;
``(D) $65,000,000 for fiscal year 2006; and
``(E) $70,000,000 for fiscal year 2007.
``(2) To contract for hydrographic surveys under section
303(b)(1), including the leasing or time chartering of vessels--
``(A) $40,000,000 for fiscal year 2003;
``(B) $42,500,000 for fiscal year 2004;
``(C) $45,000,000 for fiscal year 2005;
``(D) $47,500,000 for fiscal year 2006; and
``(E) $50,000,000 for fiscal year 2007.
``(3) To operate hydrographic survey vessels owned by the
United States and operated by the Administration--
``(A) $14,000,000 for fiscal year 2003;
``(B) $18,000,000 for fiscal year 2004; and
``(C) $21,000,000 for fiscal years 2005 through 2007.
``(4) To carry out geodetic functions under this title--
``(A) $27,500,000 for fiscal year 2003;
``(B) $30,000,000 for fiscal year 2004;
``(C) $32,500,000 for fiscal year 2005;
``(D) $35,000,000 for fiscal year 2006; and
``(E) $35,500,000 for fiscal year 2007.
``(5) To carry out tide and current measurement functions under
this title--
``(A) $25,000,000 for fiscal year 2003;
``(B) $27,500,000 for fiscal year 2004;
``(C) $30,000,000 for fiscal year 2005;
``(D) $32,500,000 for fiscal year 2006; and
``(E) $35,000,000 for fiscal year 2007.
``(6) To carry out activities authorized under this title that
enhance homeland security, including electronic navigation charts,
hydrographic surveys, real time tide and current measurements, and
geodetic functions, in addition to other amounts authorized by this
section, $20,000,000.''.
OFFICER CORPS

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This title may be cited as the ``National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002''.
Subtitle A--General Provisions

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There shall be in the National Oceanic and Atmospheric
Administration a commissioned officer corps.

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(a) Applicability of Definitions in Title 10, United States Code.--
Except as provided in subsection (b), the definitions provided in
section 101 of title 10, United States Code, apply to the provisions of
this title.
(b) Additional Definitions.--In this title:
(1) Active duty.--The term ``active duty'' means full-time duty
in the active service of a uniformed service.
(2) Grade.--The term ``grade'' means a step or degree, in a
graduated scale of office or rank, that is established and
designated as a grade by law or regulation.
(3) Officer.--The term ``officer'' means an officer of the
commissioned corps.
(4) Flag officer.--The term ``flag officer'' means an officer
serving in, or having the grade of, vice admiral, rear admiral, or
rear admiral (lower half).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(6) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.

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(a) Annual Strength on Active List.--The annual strength of the
commissioned corps in officers on the lineal list of active duty
officers of the corps shall be prescribed by law.
(b) Lineal List.--The Secretary shall maintain a list, known as the
``lineal list'', of officers on active duty. Officers shall be carried
on the lineal list by grade and, within grade, by seniority in grade.

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(a) Relative Rank; Proportion.--Of the total authorized number of
officers on the lineal list of the commissioned corps, there are
authorized numbers in permanent grade, in relative rank with officers
of the Navy, in proportions as follows:
(1) 8 in the grade of captain.
(2) 14 in the grade of commander.
(3) 19 in the grade of lieutenant commander.
(4) 23 in the grade of lieutenant.
(5) 18 in the grade of lieutenant (junior grade).
(6) 18 in the grade of ensign.
(b) Computation of Number in Grade.--
(1) In general.--Subject to paragraph (2), whenever a final
fraction occurs in computing the authorized number of officers in a
grade, the nearest whole number shall be taken, and if the fraction
is one-half the next higher whole number shall be taken.
(2) Limitation on increase in total number.--The total number
of officers on the lineal list authorized by law may not be
increased as the result of the computations prescribed in this
section, and if necessary the number of officers in the lowest
grade shall be reduced accordingly.
(c) Preservation of Grade and Pay, Etc.--No officer may be reduced
in grade or pay or separated from the commissioned corps as the result
of a computation made to determine the authorized number of officers in
the various grades.
(d) Filling of Vacancies; Additional Numbers.--Nothing in this
section may be construed as requiring the filling of any vacancy or as
prohibiting additional numbers in any grade to compensate for vacancies
existing in higher grades.
(e) Temporary Increase in Numbers.--The total number of officers
authorized by law to be on the lineal list during a fiscal year may be
temporarily exceeded so long as the average number on that list during
that fiscal year does not exceed the authorized number.

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There are authorized to be on the lineal list of the commissioned
corps of the National Oceanic and Atmospheric Administration--
(1) 270 officers for fiscal year 2003;
(2) 285 officers for fiscal year 2004; and
(3) 299 officers for fiscal year 2005.
Subtitle B--Appointment and Promotion of Officers

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(a) In General.--
(1) Grades.--Original appointments may be made in the grades of
ensign, lieutenant (junior grade), and lieutenant.
(2) Qualifications.--Under regulations prescribed by the
Secretary, such an appointment may be given only to a person who--
(A) meets the qualification requirements specified in
paragraphs (1) through (4) of section 532(a) of title 10,
United States Code; and
(B) has such other special qualifications as the Secretary
may prescribe by regulation.
(3) Examination.--A person may be given such an appointment
only after passage of a mental and physical examination given in
accordance with regulations prescribed by the Secretary.
(4) Revocation of commission of officers found not qualified.--
The President may revoke the commission of any officer appointed
under this section during the officer's first three years of
service if the officer is found not qualified for the service. Any
such revocation shall be made under regulations prescribed by the
President.
(b) Lineal List.--Each person appointed under this section shall be
placed on the lineal list in a position commensurate with that person's
age, education, and experience, in accordance with regulations
prescribed by the Secretary.
(c) Service Credit Upon Original Appointment in Grade Above
Ensign.--
(1) In general.--For the purposes of basic pay, a person
appointed under this section in the grade of lieutenant shall be
credited as having, on the date of that appointment, three years of
service, and a person appointed under this section in the grade of
lieutenant (junior grade) shall be credited as having, as of the
date of that appointment, 1\1/2\ years of service.
(2) Higher credit under other law.--If a person appointed under
this section is entitled to credit for the purpose of basic pay
under any other provision of law that would exceed the amount of
credit authorized by paragraph (1), that person shall be credited
with that amount of service in lieu of the credit authorized by
paragraph (1).

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(a) Convening.--At least once a year and at such other times as the
Secretary determines necessary, the Secretary shall convene a personnel
board. A personnel board shall consist of not less than five officers
on the lineal list in the permanent grade of commander or above.
(b) Duties.--Each personnel board shall--
(1) recommend to the Secretary such changes in the lineal list
as the board may determine; and
(2) make selections and recommendations to the Secretary and
President for the appointment, promotion, separation, continuation,
and retirement of officers as prescribed in this subtitle and
subtitle C.
(c) Action on Recommendations Not Acceptable.--In a case in which
any recommendation by a board convened under subsection (a) is not
accepted by the Secretary or the President, the board shall make such
further recommendations as are acceptable.

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(a) In General.--An officer in the permanent grade of ensign shall
be promoted to and appointed in the grade of lieutenant (junior grade)
upon completion of three years of service. The authorized number of
officers in the grade of lieutenant (junior grade) shall be temporarily
increased as necessary to authorize such appointment.
(b) Separation of Ensigns Found Not Fully Qualified.--If an officer
in the permanent grade of ensign is at any time found not fully
qualified, the officer's commission shall be revoked and the officer
shall be separated from the commissioned service.

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(JUNIOR GRADE).
Promotion to fill vacancies in each permanent grade above the grade
of lieutenant (junior grade) shall be made by selection from the next
lower grade upon recommendation of the personnel board.

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(a) General Rule.--Each officer shall be assumed to have, for
promotion purposes, at least the same length of service as any other
officer below that officer on the lineal list.
(b) Exception.--Notwithstanding subsection (a), an officer who has
lost numbers shall be assumed to have, for promotion purposes, no
greater service than the officer next above such officer in such
officer's new position on the lineal list.

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Appointments in and promotions to all permanent grades shall be
made by the President, by and with the advice and consent of the
Senate.

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PERMANENT GRADE.
No officer may be promoted to a higher permanent grade on the
active list until the officer has passed a satisfactory mental and
physical examination in accordance with regulations prescribed by the
Secretary.

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(a) Designation of Positions.--The Secretary may designate
positions in the Administration as being positions of importance and
responsibility for which it is appropriate that officers of the
Administration, if serving in those positions, serve in the grade of
vice admiral, rear admiral, or rear admiral (lower half), as designated
by the Secretary for each position.
(b) Assignment of Officers to Designated Positions.--The Secretary
may assign officers to positions designated under subsection (a).
(c) Director of NOAA Corps and Office of Marine and Aviation
Operations.--The Secretary shall designate one position under this
section as responsible for oversight of the vessel and aircraft fleets
and for the administration of the commissioned officer corps. That
position shall be filled by an officer on the lineal list serving in or
above the grade of rear admiral (lower half). For the specific purpose
of administering the commissioned officer corps, that position shall
carry the title of Director of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps. For the specific purpose of
administering the vessel and aircraft fleets, that position shall carry
the title of Director of the Office of Marine and Aviation Operations.
(d) Grade.--
(1) Temporary appointment to grade designated for position.--An
officer assigned to a position under this section while so serving
has the grade designated for that position, if appointed to that
grade by the President, by and with the advice and consent of the
Senate.
(2) Reversion to permanent grade.--An officer who has served in
a grade above captain, upon termination of the officer's assignment
to the position for which that appointment was made, shall, unless
appointed or assigned to another position for which a higher grade
is designated, revert to the grade and number the officer would
have occupied but for serving in a grade above that of captain. In
such a case, the officer shall be an extra number in that grade.
(e) Number of Officers Appointed.--
(1) Overall limit.--The total number of officers serving on
active duty at any one time in the grade of rear admiral (lower
half) or above may not exceed four.
(2) Limit by grade.--The number of officers serving on active
duty under appointments under this section may not exceed--
(A) one in the grade of vice admiral;
(B) two in the grade of rear admiral; and
(C) two in the grade of rear admiral (lower half).
(f) Pay and Allowances.--An officer appointed to a grade under this
section, while serving in that grade, shall have the pay and allowances
of the grade to which appointed.
(g) Effect of Appointment.--An appointment of an officer under this
section--
(1) does not vacate the permanent grade held by the officer;
and
(2) creates a vacancy on the active list.

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(a) Ensign.--Temporary appointments in the grade of ensign may be
made by the President alone. Each such temporary appointment terminates
at the close of the next regular session of the Congress unless the
Senate sooner gives its advice and consent to the appointment.
(b) Lieutenant (Junior Grade).--Officers in the permanent grade of
ensign may be temporarily promoted to and appointed in the grade of
lieutenant (junior grade) by the President alone whenever vacancies
exist in higher grades.
(c) Any One Grade.--When determined by the Secretary to be in the
best interest of the service, officers in any permanent grade may be
temporarily promoted one grade by the President alone. Any such
temporary promotion terminates upon the transfer of the officer to a
new assignment.

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IN TIME OF WAR OR NATIONAL EMERGENCY.
(a) In General.--Officers of the Administration shall be subject in
like manner and to the same extent as personnel of the Navy to all laws
authorizing temporary appointment or advancement of commissioned
officers in time of war or national emergency.
(b) Limitations.--Subsection (a) shall be applied subject to the
following limitations:
(1) A commissioned officer in the service of a military
department under section 251 may, upon the recommendation of the
Secretary of the military department concerned, be temporarily
promoted to a higher rank or grade.
(2) A commissioned officer in the service of the Administration
may be temporarily promoted to fill vacancies in ranks and grades
caused by the transfer of commissioned officers to the service and
jurisdiction of a military department under section 251.
(3) Temporary appointments may be made in all grades to which
original appointments in the Administration are authorized, except
that the number of officers holding temporary appointments may not
exceed the number of officers transferred to a military department
under section 251.

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(a) Acceptance and Date of Promotion.--An officer of the
commissioned corps who is promoted to a higher grade--
(1) is deemed for all purposes to have accepted the promotion
upon the date the promotion is made by the President, unless the
officer expressly declines the promotion; and
(2) shall receive the pay and allowances of the higher grade
from that date unless the officer is entitled under another
provision of law to receive the pay and allowances of the higher
grade from an earlier date.
(b) Oath of Office.--An officer who subscribed to the oath of
office required by section 3331 of title 5, United States Code, shall
not be required to renew such oath or to take a new oath upon promotion
to a higher grade, if the service of the officer after the taking of
such oath is continuous.

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PROMOTION PURPOSES.
For purposes of promotion, there shall be counted in addition to
active commissioned service, service as deck officer or junior
engineer.

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In time of emergency declared by the President or by the Congress,
and in time of war, the President is authorized, in the President's
discretion, to suspend the operation of all or any part of the
provisions of law pertaining to promotion of commissioned officers of
the Administration.
Subtitle C--Separation and Retirement of Officers

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(a) Transfer of Officers to Retired List; Separation From
Service.--As recommended by a personnel board convened under section
222--
(1) an officer in the permanent grade of captain or commander
may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant commander,
lieutenant, or lieutenant (junior grade) who is not qualified for
retirement may be separated from the service.
(b) Computations.--In any fiscal year, the total number of officers
selected for retirement or separation under subsection (a) plus the
number of officers retired for age may not exceed the whole number
nearest 4 percent of the total number of officers authorized to be on
the active list, except as otherwise provided by law.
(c) Effective Date of Retirements and Separations.--A retirement or
separation under subsection (a) shall take effect on the first day of
the sixth month beginning after the date on which the Secretary
approves the retirement or separation, except that if the officer
concerned requests an earlier retirement or separation date, the date
shall be as determined by the Secretary.

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(a) Authorization of Payment.--An officer who is separated under
section 241(a)(2) and who has completed more than three years of
continuous active service immediately before that separation is
entitled to separation pay computed under subsection (b) unless the
Secretary determines that the conditions under which the officer is
separated do not warrant payment of that pay.
(b) Amount of Separation Pay.--
(1) Six or more years.--In the case of an officer who has
completed six or more years of continuous active service
immediately before that separation, the amount of separation pay to
be paid to the officer under this section is 10 percent of the
product of--
(A) the years of active service creditable to the officer;
and
(B) 12 times the monthly basic pay to which the officer was
entitled at the time of separation.
(2) Three to six years.--In the case of an officer who has
completed three or more but fewer than six years of continuous
active service immediately before that separation, the amount of
separation pay to be paid to the officer under this section is one-
half of the amount computed under paragraph (1).
(c) Other Conditions, Requirements, and Administrative
Provisions.--The provisions of subsections (f), (g), and (h) of section
1174 of title 10, United States Code, shall apply to separation pay
under this section in the same manner as such provisions apply to
separation pay under that section.

c08c31ec49c4e37bfb883664646b0bf132ad070ecda6464e0c3d9c5625809bf8

(a) Officers Below Grade of Rear Admiral (Lower Half).--Unless
retired or separated earlier, each officer on the lineal list of the
commissioned corps who is serving in a grade below the grade of rear
admiral (lower half) shall be retired on the first day of the month
following the month in which the officer becomes 62 years of age.
(b) Flag Officers.--Notwithstanding subsection (a), the President
may defer the retirement of an officer serving in a position that
carries a grade above captain for such period as the President
considers advisable, but such a deferment may not extend beyond the
first day of the month following the month in which the officer becomes
64 years of age.

2f932a8e3999e00971db8465a677ca5954c1852480ae8efc0e0075d448ba41e4

An officer who has completed 20 years of service, of which at least
10 years was service as a commissioned officer, may at any time
thereafter, upon application by such officer and in the discretion of
the President, be placed on the retired list.

b5c9d5bf273aca634847963b518802a3441cac97d6a0e46968953d2854a22952

(a) Officers First Becoming Members Before September 8, 1980.--Each
officer on the retired list who first became a member of a uniformed
service before September 8, 1980, shall receive retired pay at the rate
determined by multiplying--
(1) the retired pay base determined under section 1406(g) of
title 10, United States Code; by
(2) 2\1/2\ percent of the number of years of service that may
be credited to the officer under section 1405 of such title as if
the officer's service were service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired
pay base.
(b) Officers First Becoming Members on or After September 8,
1980.--Each officer on the retired list who first became a member of a
uniformed service on or after September 8, 1980, shall receive retired
pay at the rate determined by multiplying--
(1) the retired pay base determined under section 1407 of title
10, United States Code; by
(2) the retired pay multiplier determined under section 1409 of
such title for the number of years of service that may be credited
to the officer under section 1405 of such title as if the officer's
service were service as a member of the Armed Forces.
(c) Treatment of Full and Fractional Parts of Months in Computing
Years of Service.--
(1) In general.--In computing the number of years of service of
an officer for the purposes of subsection (a)--
(A) each full month of service that is in addition to the
number of full years of service creditable to the officer shall
be credited as \1/12\ of a year; and
(B) any remaining fractional part of a month shall be
disregarded.
(2) Rounding.--Retired pay computed under this section, if not
a multiple of $1, shall be rounded to the next lower multiple of
$1.

7508534460c108cc6b506e3eb13ea789a1d2ee15bc0250608d6b518c59c26fc2

Each officer retired pursuant to law shall be placed on the retired
list with the highest grade satisfactorily held by that officer while
on active duty including active duty pursuant to recall, under
permanent or temporary appointment, and shall receive retired pay based
on such highest grade, if--
(1) the officer's performance of duty in such highest grade has
been satisfactory, as determined by the Secretary of the department
or departments under whose jurisdiction the officer served; and
(2) unless retired for disability, the officer's length of
service in such highest grade is no less than that required by the
Secretary of officers retiring under permanent appointment in that
grade.

dafc42e3da15bb1b4f89b789650c291d02930aed32deb1a8d11d2d3f7ddb1c49

Nothing in this subtitle shall prevent an officer from being placed
on the retired list with the highest rank and with the highest retired
pay to which the officer is entitled under any other provision of law.

62a4aa477c57bff7e07908e761278fc0a2903c4329348ce89102796daac1300c

The provisions of subchapter IV of chapter 36 of title 10, United
States Code, relating to continuation on active duty and deferral of
retirement shall apply to commissioned officers of the Administration.

6c98febbd705766278548223ce89de3eea64cfa631d0793eab715d991ccc1fb3

The provisions of chapter 39 of title 10, United States Code,
relating to recall of retired officers to active duty, including the
limitations on such recalls, shall apply to commissioned officers of
the Administration.
Subtitle D--Service of Officers With the Military Departments

5dcff4a20f25ecdf80d6a3c60b5aa2786684cb7d385565f21441ee8a69c34c92

(a) Transfers of Resources and Officers During National
Emergency.--
(1) Transfers authorized.--The President may, whenever in the
judgment of the President a sufficient national emergency exists,
transfer to the service and jurisdiction of a military department
such vessels, equipment, stations, and officers of the
Administration as the President considers to be in the best
interest of the country.
(2) Responsibility for funding of transferred resources and
officers.--After any such transfer all expenses connected therewith
shall be defrayed out of the appropriations for the department to
which the transfer is made.
(3) Return of transferred resources and officers.--Such
transferred vessels, equipment, stations, and officers shall be
returned to the Administration when the national emergency ceases,
in the opinion of the President.
(4) Rule of construction.--Nothing in this section shall be
construed as transferring the Administration or any of its
functions from the Department of Commerce except in time of
national emergency and to the extent provided in this section.
(b) Limitation on Transfer of Officers.--This section does not
authorize the transfer of an officer of the Administration to a
military department if the accession or retention of that officer in
that military department is otherwise not authorized by law.
(c) Status of Transferred Officers.--An officer of the
Administration transferred under this section, shall, while under the
jurisdiction of a military department, have proper military status and
shall be subject to the laws, regulations, and orders for the
government of the Army, Navy, or Air Force, as the case may be, insofar
as the same may be applicable to persons whose retention permanently in
the military service of the United States is not contemplated by law.

4a8f2de87947e1833992288bdecc6d9878fdca71469c10207be21ccb3c2e9080

AIR FORCE.
When serving with the Army, Navy, or Air Force, an officer of the
Administration shall rank with and after officers of corresponding
grade in the Army, Navy, or Air Force of the same length of service in
grade. Nothing in this subtitle shall be construed to affect or alter
an officer's rates of pay and allowances when not assigned to military
duty.

c26602dc924d584c3179e39fc20ac380a0a519652e49bb78ea95bb6c1b2d80b4

DEPARTMENTS.
(a) Joint Regulations.--The Secretary of Defense and the Secretary
of Commerce shall jointly prescribe regulations--
(1) governing the duties to be performed by the Administration
in time of war; and
(2) providing for the cooperation of the Administration with
the military departments in time of peace in preparation for its
duties in time of war.
(b) Approval.--Regulations under subsection (a) shall not be
effective unless approved by each of those Secretaries.
(c) Communications.--Regulations under subsection (a) may provide
procedures for making reports and communications between a military
department and the Administration.
Subtitle E--Rights and Benefits

81ff3161ef1f0c21b5a4a9dd9f6737aa4df8afa33bbf77773d96d2bea44ed769

STATES CODE.
(a) Provisions Made Applicable to the Corps.--The rules of law that
apply to the Armed Forces under the following provisions of title 10,
United States Code, as those provisions are in effect from time to
time, apply also to the commissioned officer corps of the
Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed forces
and to and from National Oceanic and Atmospheric Administration.
(4) Section 1035, relating to deposits of savings.
(5) Section 1036, relating to transportation and travel
allowances for escorts for dependents of members.
(6) Section 1052, relating to reimbursement for adoption
expenses.
(7) Section 1174a, relating to special separation benefits
(except that benefits under subsection (b)(2)(B) of such section
are subject to the availability of appropriations for such purpose
and are provided at the discretion of the Secretary of Commerce).
(8) Chapter 61, relating to retirement or separation for
physical disability.
(9) Chapter 69, relating to retired grade, except sections
1370, 1375, and 1376.
(10) Chapter 71, relating to computation of retired pay.
(11) Chapter 73, relating to annuities based on retired or
retainer pay.
(12) Subchapter II of chapter 75, relating to death benefits.
(13) Section 2634, relating to transportation of motor vehicles
for members on permanent change of station.
(14) Sections 2731 and 2735, relating to property loss incident
to service.
(15) Section 2771, relating to final settlement of accounts of
deceased members.
(16) Such other provisions of subtitle A of that title as may
be adopted for applicability to the commissioned officer corps of
the National Oceanic and Atmospheric Administration by any other
provision of law.
(b) References.--The authority vested by title 10, United States
Code, in the ``military departments'', ``the Secretary concerned'', or
``the Secretary of Defense'' with respect to the provisions of law
referred to in subsection (a) shall be exercised, with respect to the
commissioned officer corps of the Administration, by the Secretary of
Commerce or the Secretary's designee.

0018ffc9f6b1982250f68275d8d2bd31b6b0b249da60e4fa716ebac1445eea8e

PRIVILEGES, IMMUNITIES, AND BENEFITS UNDER CERTAIN
PROVISIONS OF LAW.
(a) In General.--Active service of officers of the Administration
shall be deemed to be active military service for the purposes of all
rights, privileges, immunities, and benefits under the following:
(1) Laws administered by the Secretary of Veterans Affairs.
(2) The Soldiers' and Sailors' Civil Relief Act of 1940 (50
App. U.S.C. 501 et seq.).
(3) Section 210 of the Social Security Act (42 U.S.C. 410), as
in effect before September 1, 1950.
(b) Exercise of Authority.--In the administration of the laws and
regulations referred to in subsection (a), with respect to the
Administration, the authority vested in the Secretary of Defense and
the Secretaries of the military departments and their respective
departments shall be exercised by the Secretary of Commerce.

8f3116077a5de7d67617dbff3d14205726d135b66b2ce1438991c2bb8d5aa192

The Secretary may provide medical and dental care, including care
in private facilities, for personnel of the Administration entitled to
that care by law or regulation.

c92b0b28c77be61dfb0b85caf5640beee16738a8c0a5977bf5c144284de0bf05

(a) Extension of Privilege.--Commissioned officers, ships'
officers, and members of crews of vessels of the Administration shall
be permitted to purchase commissary and quartermaster supplies as far
as available from the Armed Forces at the prices charged officers and
enlisted members of the Armed Forces.
(b) Sales of Rations, Stores, Uniforms, and Related Equipment.--The
Secretary may purchase ration supplies for messes, stores, uniforms,
accouterments, and related equipment for sale aboard ship and shore
stations of the Administration to members of the uniformed services and
to personnel assigned to such ships or shore stations. Sales shall be
in accordance with regulations prescribed by the Secretary, and
proceeds therefrom shall, as far as is practicable, fully reimburse the
appropriations charged without regard to fiscal year.
(c) Surviving Spouses' Rights.--Rights extended to members of the
uniformed services in this section are extended to their surviving
spouses and to such others as are designated by the Secretary
concerned.

bc54d79e919ae8780ca87017e776f7a4f2a816f2ade4d2dff464b1c61128467b

REIMBURSEMENT OF CERTAIN ITEMS.
(a) Transportation of Effects of Deceased Officers.--In the case of
an officer who dies on active duty, the Secretary may provide, from
appropriations made available to the Administration, transportation
(including packing, unpacking, crating, and uncrating) of personal and
household effects of that officer to the official residence of record
of that officer. However, upon application by the dependents of such an
officer, such transportation may be provided to such other location as
may be determined by the Secretary.
(b) Reimbursement for Supplies Furnished by Officers to Distressed
and Shipwrecked Persons.--Under regulations prescribed by the
Secretary, appropriations made available to the Administration may be
used to reimburse an officer for food, clothing, medicines, and other
supplies furnished by the officer--
(1) for the temporary relief of distressed persons in remote
localities; or
(2) to shipwrecked persons who are temporarily provided for by
the officer.

d98a991438eb0b3cf0a852fea897f7cee703cbce9540f630277787a5a3dcbb52

(a) Presentation of Flag Upon Retirement.--Upon the release of a
commissioned officer from active commissioned service for retirement,
the Secretary shall present a United States flag to the officer.
(b) Multiple Presentations Not Authorized.--An officer is not
eligible for presentation of a flag under subsection (a) if the officer
has previously been presented a flag under this section or any other
provision of law providing for the presentation of a United States flag
incident to release from active service for retirement.
(c) No Cost to Recipient.--The presentation of a flag under this
section shall be at no cost to the recipient.
Subtitle F--Repeals and Conforming Amendments

8e3faa83f076bfde2eadae6659b6e1468ebd54f4a62e3f624c0c4b3b5f3b3670

The following provisions of law are repealed:
(1) The Coast and Geodetic Survey Commissioned Officers' Act of
1948 (33 U.S.C. 853a et seq.).
(2) Section 3 of the Act of August 10, 1956 (33 U.S.C. 857a).
(3) Public Law 91-621 (33 U.S.C. 857-1 et seq.).
(4) Section 16 of the Act of May 22, 1917 (33 U.S.C. 854, 855,
856, 857, and 858).
(5) Section 1 of the Act of July 22, 1947 (33 U.S.C. 874).
(6) Section 11 of the Act entitled ``An Act to increase the
efficiency of the commissioned and enlisted personnel of the Army,
Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and
Public Health Service'', enacted May 18, 1920 (33 U.S.C. 864).
(7) Section 636(a)(17) of the Foreign Assistance Act of 1961
(22 U.S.C. 2396(a)(17)).

f2ec4fb02c91482ad5d646d0bd9234312af7083a5b2ec9b683facec8f8aa8028

(a) Title 10, United States Code.--Section 1406(g) of title 10,
United States Code, is amended by striking ``section 16 of the Coast
and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C.
853o)'' and inserting ``section 305 of the National Oceanic and
Atmospheric Administration Commissioned Officers Act of 2002''.
(b) Public Law 104-106.--Section 566(c) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
328; 10 U.S.C. 1293 note) is amended by striking ``the Coast and
Geodetic Survey Commissioned Officers' Act of 1948'' and inserting
``the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002''.

a02d4764a95cdc7ba1eee1e6f2de2ea957f0ad7bd93745ed174d62ed01a87b24

This title may be cited as the ``Fisheries Conservation Act of
2002''.

d2b8495a5f8d932d65200be3a7de67ff4d656586c7b9a1721527f093a8879b61

FISHERIES ACT OF 1986.
(a) Reauthorization.--Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
(1) by amending subsection (a) to read as follows:
``(a) General Appropriations.--There are authorized to be
appropriated to the Department of Commerce for apportionment to carry
out the purposes of this title--
``(1) $5,400,000 for each of fiscal years 2003 and 2004; and
``(2) $5,900,000 for each of fiscal years 2005 and 2006.''; and
(2) in subsection (c) by striking ``$700,000 for fiscal year
1997, and $750,000 for each of the fiscal years 1998, 1999, and
2000'' and inserting ``$850,000 for each of fiscal years 2003 and
2004, and $900,000 for each of fiscal years 2005 and 2006''.
(b) Purposes of the Interjurisdictional Fisheries Act of 1986.--
Section 302 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4101) is amended by striking ``and'' after the semicolon at the end of
paragraph (1), striking the period at the end of paragraph (2) and
inserting ``; and'', and adding at the end the following:
``(3) to promote and encourage research in preparation for the
implementation of the use of ecosystems and interspecies approaches
to the conservation and management of interjurisdictional fishery
resources throughout their range.''.

7df3f9ff708ccb92f36638ea3d4d05d9ae583b1bd401797c69994519f379bb5b

CONSERVATION ACT.
(a) Reauthorization.--Section 4 of the Anadromous Fish Conservation
Act (16 U.S.C. 757d) is amended to read as follows:
``authorization of appropriations
``Sec. 4. (a)(1) There are authorized to be appropriated to carry
out the purposes of this Act not to exceed the following sums:
``(A) $4,750,000 for each of fiscal years 2003 and 2004; and
``(B) $5,000,000 for each of fiscal years 2005 and 2006.
``(2) Sums appropriated under this subsection are authorized to
remain available until expended.
``(b) Not more than $625,000 of the funds appropriated under this
section in any one fiscal year shall be obligated in any one State.''.
(b) Research on and Use of Ecosystems and Interspecies Approaches
to Conservation and Management.--The first section of the Anadromous
Fish Conservation Act (16 U.S.C. 757a) is amended in subsection (b) by
inserting ``(1)'' after ``(b)'', and by adding at the end the
following:
``(2) In carrying out responsibilities under this section, the
Secretary shall conduct, promote, and encourage research in preparation
for the implementation of the use of ecosystems and interspecies
approaches to the conservation and management of anadromous and Great
Lakes fishery resources.''.

9860df6e927af9eb1318bb586c09843124192bd861dc201da80702192c4b7593

Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971h) is amended to read as follows:
``authorization of appropriations
``Sec. 10. (a) In General.--There are authorized to be appropriated
to carry out this Act, including use for payment of the United States
share of the joint expenses of the Commission as provided in Article X
of the Convention, the following sums:
``(1) For each of fiscal years 2003 and 2004, $5,480,000.
``(2) For each of fiscal years 2005 and 2006, $5,495,000.
``(b) Allocation.--Of amounts available under this section for each
fiscal year--
``(1) $150,000 are authorized for the advisory committee
established under section 4 and the species working groups
established under section 4A; and
``(2) $4,240,000 are authorized for research activities under
this Act and the Act of September 4, 1980 (16 U.S.C. 971i).''.

7b2f743120dea6982b8479b19579524b7d355b5ce887f7b413e2cfde1ea71643

CONVENTION ACT OF 1995.
Section 211 of the Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 5610) is amended by striking ``2001'' and inserting
``2006''.

c9f2e9c602af1461142bedcf487d01e9c132597b69d8a71cd19d9b309054624f

(a) Extension of Deadline.--The Oceans Act of 2000 (Public Law 106-
256) is amended--
(1) in section 3(i) (114 Stat. 648) by striking ``30 days'' and
inserting ``90 days''; and
(2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857-19 note) by
striking ``120 days'' and inserting ``90 days''.
(b) Authorization of Appropriations.--Section 3(j) of such Act (114
Stat. 648) is amended by striking ``$6,000,000'' and inserting
``$8,500,000''.
(c) Technical Corrections.--Section 3(e) of such Act (114 Stat.
646) is amended--
(1) in paragraph (1) by striking the colon in the third
sentence and inserting a period;
(2) by inserting immediately after such period the following:
``(2) Notice; Minutes; Public Availability of Documents.--'';
and
(3) by redesignating the subsequent paragraphs in order as
paragraphs (3) and (4), respectively.

132a5e35a0167463ec080b23f4ff0992a144a8f50e8947bd438b4f6784634ca9

(a) Reauthorization of Office.--Section 307 of the National Oceanic
and Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d) is amended to read as follows:
``SEC. 307. CHESAPEAKE BAY OFFICE.
``(a) Establishment.--(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric Administration,
an office to be known as the Chesapeake Bay Office (in this section
referred to as the `Office').
``(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with the
Chesapeake Executive Council. Any individual appointed as Director
shall have knowledge and experience in research or resource management
efforts in the Chesapeake Bay.
``(3) The Director may appoint such additional personnel for the
Office as the Director determines necessary to carry out this section.
``(b) Functions.--The Office, in consultation with the Chesapeake
Executive Council, shall--
``(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and local
government agencies in--
``(A) assessing the processes that shape the Chesapeake Bay
system and affect its living resources;
``(B) identifying technical and management alternatives for
the restoration and protection of living resources and the
habitats they depend upon; and
``(C) monitoring the implementation and effectiveness of
management plans;
``(2) develop and implement a strategy for the National Oceanic
and Atmospheric Administration that integrates the science,
research, monitoring, data collection, regulatory, and management
responsibilities of the Secretary of Commerce in such a manner as
to assist the cooperative, intergovernmental Chesapeake Bay Program
to meet the commitments of the Chesapeake Bay Agreement;
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Programs, and
the Chesapeake Bay units of the National Estuarine Research Reserve
System, including--
``(A) programs and activities in--
``(i) coastal and estuarine research, monitoring, and
assessment;
``(ii) fisheries research and stock assessments;
``(iii) data management;
``(iv) remote sensing;
``(v) coastal management;
``(vi) habitat conservation and restoration; and
``(vii) atmospheric deposition; and
``(B) programs and activities of the Cooperative Oxford
Laboratory of the National Ocean Service with respect to--
``(i) nonindigenous species;
``(ii) estuarine and marine species pathology;
``(iii) human pathogens in estuarine and marine
environments; and
``(iv) ecosystem health;
``(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the Environmental
Protection Agency and other Federal, State, and local agencies;
``(5) establish an effective mechanism which shall ensure that
projects have undergone appropriate peer review and provide other
appropriate means to determine that projects have acceptable
scientific and technical merit for the purpose of achieving maximum
utilization of available funds and resources to benefit the
Chesapeake Bay area;
``(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the results
and findings of those projects; and
``(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of the Office
and on the progress made in protecting and restoring the living
resources and habitat of the Chesapeake Bay, which report shall
include an action plan consisting of--
``(A) a list of recommended research, monitoring, and data
collection activities necessary to continue implementation of
the strategy described in paragraph (2); and
``(B) proposals for--
``(i) continuing any new National Oceanic and
Atmospheric Administration activities in the Chesapeake
Bay; and
``(ii) the integration of those activities with the
activities of the partners in the Chesapeake Bay Program to
meet the commitments of the Chesapeake 2000 agreement and
subsequent agreements.
``(c) Chesapeake Bay Fishery and Habitat Restoration Small
Watershed Grants Program.--
``(1) In general.--The Director of the Chesapeake Bay Office of
the National Oceanic and Atmospheric Administration (in this
section referred to as the `Director'), in cooperation with the
Chesapeake Executive Council, shall carry out a community-based
fishery and habitat restoration small grants and technical
assistance program in the Chesapeake Bay watershed.
``(2) Projects.--
``(A) Support.--The Director shall make grants under this
subsection to pay the Federal share of the cost of projects
that are carried out by entities eligible under paragraph (3)
for the restoration of fisheries and habitats in the Chesapeake
Bay.
``(B) Federal share.--The Federal share under subparagraph
(A) shall not exceed 75 percent.
``(C) Types of projects.--Projects for which grants may be
made under this subsection include--
``(i) the improvement of fish passageways;
``(ii) the creation of natural or artificial reefs or
substrata for habitats;
``(iii) the restoration of wetland or sea grass;
``(iv) the production of oysters for restoration
projects; and
``(v) the prevention, identification, and control of
nonindigenous species.
``(3) Eligible entities.--The following entities are eligible
to receive grants under this subsection:
``(A) The government of a political subdivision of a State
in the Chesapeake Bay watershed, and the government of the
District of Columbia.
``(B) An organization in the Chesapeake Bay watershed (such
as an educational institution or a community organization)--
``(i) that is described in section 501(c) of the
Internal Revenue Code of 1986 and is exempt from taxation
under section 501(a) of that Code; and
``(ii) that will administer such grants in coordination
with a government referred to in subparagraph (A).
``(4) Additional requirements.--The Director may prescribe any
additional requirements, including procedures, that the Director
considers necessary to carry out the program under this subsection.
``(d) Chesapeake Executive Council.--For purposes of this section,
`Chesapeake Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the Commonwealth of
Pennsylvania, the Environmental Protection Agency, the District of
Columbia, and the Chesapeake Bay Commission, who are signatories to the
Chesapeake Bay Agreement, and any future signatories to that Agreement.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Commerce for the Chesapeake Bay
Office $6,000,000 for each of fiscal years 2002 through 2006.''.
(b) Conforming Amendment.--Section 2 of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authorization Act
(Public Law 98-210; 97 Stat. 1409) is amended by striking subsection
(e).
(c) Multiple Species Management Strategy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Chesapeake Bay Office of
the National Oceanic and Atmospheric Administration shall begin a
5-year study, in cooperation with the scientific community of the
Chesapeake Bay, appropriate State and interstate resource
management entities, and appropriate Federal agencies--
(A) to determine and expand the understanding of the role
and response of living resources in the Chesapeake Bay
ecosystem; and
(B) to develop a multiple species management strategy for
the Chesapeake Bay.
(2) Required elements of study.--In order to improve the
understanding necessary for the development of the strategy under
paragraph (1)(B), the study shall--
(A) determine the current status and trends of fish and
shellfish that live in the Chesapeake Bay and its tributaries
and are selected for study;
(B) evaluate and assess interactions among the fish and
shellfish referred to in subparagraph (A) and other living
resources, with particular attention to the impact of changes
within and among trophic levels; and
(C) recommend management actions to optimize the return of
a healthy and balanced ecosystem for the Chesapeake Bay.

6bbde613a6bf2486e02e7f356f522aac3c0a1e2331c5da22ba8dec2d73e391e7

TITLE IV

-MISCELLANEOUS

(a) In General.--Except as provided in subsection (c), the
Secretary of Commerce shall convey to the Board of Trustees of the
California State University, by suitable instrument, in accordance with
this section, by as soon as practicable, but not later than 180 days
after the date of the enactment of this Act, and without consideration,
all right, title, and interest of the United States in the balance of
the National Oceanic and Atmospheric Administration property known as
the Tiburon Laboratory, located in Tiburon, California, as described in
Exhibit A of the notarized, revocable license between the
Administration and Romberg Tiburon Center for Environmental Studies at
San Francisco State University dated November 5, 2001 (license number
01ABF779-N).
(b) Conditions.--As a condition of any conveyance by the Secretary
under this section the Secretary shall require the following:
(1) The property conveyed shall be administered by the Romberg
Tiburon Center for Environmental Studies at San Francisco State
University and used only for the following purposes:
(A) To enhance estuarine scientific research and estuary
restoration activities within San Francisco Bay.
(B) To administer and coordinate management activities at
the San Francisco Bay National Estuarine Research Reserve.
(C) To conduct education and interpretation and outreach
activities to enhance public awareness and appreciation of
estuary resources, and for other purposes.
(2) The Board shall--
(A) take title to the property as is;
(B) assume full responsibility for all facility maintenance
and repair, security, fire prevention, utilities, signs, and
grounds maintenance;
(C) allow the Secretary to have all necessary ingress and
egress over the property of the Board to access Department of
Commerce building and related facilities, equipment,
improvements, modifications, and alterations; and
(D) not erect or allow to be erected any structure or
structures or obstruction of whatever kind that will interfere
with the access to or operation of property retained for the
United States under subsection (c)(1), unless prior written
consent has been provided by the Secretary to the Board.
(c) Retained Interests.--The Secretary shall retain for the United
States--
(1) all right, title, and interest in and to the portion of the
property referred to in subsection (a) comprising Building 86,
identified as Parcel C on Exhibit A of the license referred to in
subsection (a), including all facilities, equipment, fixtures,
improvements, modifications, or alterations made by the Secretary;
(2) rights-of-way and easements that are determined by the
Secretary to be reasonable and convenient to ensure all necessary
ingress, egress, utilities, drainage, and sewage disposal for the
property retained under paragraph (1), including access to the
existing boat launch ramp (or equivalent) and parking that is
suitable to the Secretary;
(3) the exclusive right to install, maintain, repair, replace,
and remove its facilities, fixtures, and equipment on the retained
property, and to authorize other persons to take any such action;
(4) the right to grade, condition, and install drainage
facilities, and to seed soil on the retained property, if
necessary; and
(5) the right to remove all obstructions from the retained
property that may constitute a hindrance to the establishment and
maintenance of the retained property.
(d) Equivalent Alternative.--
(1) In general.--At any time, either the Secretary or the Board
may request of each other to enter into negotiations pursuant to
which the Board may convey if appropriate to the United States, in
exchange for property conveyed by the United States under
subsection (a), another building that is equivalent in function to
the property retained under subsection (c) that is acceptable to
the Secretary.
(2) Location.--Property conveyed by the Board under this
subsection is not required to be located on the property referred
to in subsection (a).
(3) Costs.--If the Secretary and the Board engage in a property
exchange under this subsection, all costs for repair, removal, and
moving of facilities, equipment, fixtures, improvements,
modifications, or alterations, including power, control, and
utilities, that are necessary for the exchange--
(A) shall be the responsibility of the Secretary, if the
action to seek an equivalent alternative was requested by the
Secretary in response to factors unrelated to the activities of
the Board or its operatives in the operation of its facilities;
or
(B) shall be the responsibility of the Board, if the
Secretary's request for an equivalent alternative was in
response to changes or modifications made by the Board or its
operatives that adversely affected the Secretary's interest in
the property retained under subsection (c).
(e) Additional Conditions.--As conditions of any conveyance under
subsection (a)--
(1) the Secretary shall require that--
(A) the Board remediate, or have remediated, at its sole
cost, all hazardous or toxic substance contamination found on
the property conveyed under subsection (a), whether known or
unknown at the time of the conveyance or later discovered; and
(B) the Board of Trustees hold harmless the Secretary for
any and all costs, liabilities, or claims by third parties that
arise out of any hazardous or toxic substance contamination
found on the property conveyed under subsection (a) that are
not directly attributable to the installation, operation, or
maintenance of the Secretary's facilities, equipment, fixtures,
improvements, modifications, or alterations;
(2) the Secretary shall remediate, at the sole cost of the
United States, all hazardous or toxic substance contamination on
the property retained under subsection (c) that is found to have
occurred as a direct result of the installation, operation, or
maintenance of the Secretary's facilities, equipment, fixtures,
improvements, modifications, or alterations; and
(3) if the Secretary decides to terminate future occupancy and
interest of the property retained under subsection (c), the
Secretary shall--
(A) provide written notice to the Board at least 60 days
prior to the scheduled date when the property will be vacated;
(B) remove facilities, equipment, fixtures, improvements,
modifications, or alterations and restore the property to as
good a condition as existed at the time the property was
retained under subsection (c), taking into account ordinary
wear and tear and exposure to natural elements or phenomena; or
(C) surrender all facilities, equipment, fixtures,
improvements, modifications, or alterations to the Board in
lieu of restoration, whereupon title shall vest in the Board of
Trustees, and whereby all obligations of restoration under this
subsection shall be waived, and all interests retained under
subsection (c) shall be revoked.
(f) Reversionary Interest.--
(1) In general.--All right, title, and interest in and to all
property and interests conveyed by the United States under this
section shall revert to the United States on the date on which the
Board uses any of the property for any purpose other than the
purposes described in subsection (b)(1).
(2) Administration of reverted property.--Any property that
reverts to the United States under this subsection shall be under
the administrative jurisdiction of the Administrator of General
Services.
(3) Annual certification.--One year after the date of a
conveyance made pursuant to subsection (a), and annually
thereafter, the Board shall certify to the Administrator of General
Services or his or her designee that the Board and its designees
are in compliance with the conditions of conveyance under
subsections (b) and (e).
(g) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Trustees of
the California State University.
(2) Center.--The term ``Center'' means the Romberg Tiburon
Center for Environmental Studies at San Francisco State University.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.

dbc434201a662b6c9cd2e4b0d73cad68a73c4a676db3d73b5ae6bbf5ebcef392

Notwithstanding any provision of law, the use of a vessel to tow a
whale taken in a traditional subsistence whale hunt permitted by
Federal law and conducted in waters off the coast of Alaska is
authorized, if such towing is performed upon a request for emergency
assistance made by a subsistence whale hunting organization formally
recognized by an agency of the United States Government, or made by a
member of such an organization, to prevent the loss of a whale.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

0d307e4ef080787357259618b8f5512c4304af4bb0855904f474bb1836ffb679

Hydrographic Services Improvement Act Amendments of 2002 — HR. 4883

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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