SUBCHAPTER I—EXPLORATION

§3401. Purpose

The purpose of this subchapter is to establish the national ocean exploration program within the National Oceanic and Atmospheric Administration.

(Pub. L. 111–11, title XII, §12001, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, §10305(a), Dec. 23, 2022, 136 Stat. 3971.)

Editorial Notes

Amendments

2022—Pub. L. 117–263 struck out "and the national undersea research program" after "national ocean exploration program".

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 111–11, title XII, §12101, Mar. 30, 2009, 123 Stat. 1419, which provided that part II of subtitle A of title XII of Pub. L. 111–11, which enacted subchapter II of this chapter, could be cited as the "NOAA Undersea Research Program Act of 2009", was repealed by Pub. L. 117–263, div. J, title CIII, §10306(a), Dec. 23, 2022, 136 Stat. 3974.

§3402. Program established

The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean research and ocean exploration and characterization efforts.

(Pub. L. 111–11, title XII, §12002, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, §10305(b), Dec. 23, 2022, 136 Stat. 3971.)

Editorial Notes

Amendments

2022—Pub. L. 117–263 struck out "and undersea" after "Federal ocean" in first sentence and substituted "research and ocean exploration and characterization efforts" for "and undersea research and exploration" in second sentence.

§3403. Powers and duties of the Administrator

(a) In general

In carrying out the program authorized by section 3402 of this title, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Ocean Policy Committee established under section 8932 of title 10, shall—

(1) conduct interdisciplinary expeditions or other scientific activities in conjunction with other Federal and State agencies, Tribal Governments, private industry, academia (including secondary schools, community colleges, and universities), and nongovernmental organizations, to map, explore, and characterize little known areas of the marine environment, inventory, observe, characterize, and assess living and nonliving marine resources, and report such findings;

(2) give priority attention to deep ocean regions of the exclusive economic zone, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts;

(3) conduct scientific expeditions to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences;

(4) develop and implement a transparent, competitive process for merit-based peer-review and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 3405 of this title;

(5) support technological innovation of the United States marine science community by promoting the development and use of new and emerging technologies for research, communication, navigation, and data collection, such as sensors and autonomous vehicles;

(6) establish an ocean exploration forum, in consultation with the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 ¹ of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program.²

(7) provide guidance, in consultation with the National Ocean Mapping, Exploration, and Characterization Council, to Federal and State agencies, Tribal Governments, private industry, academia (including secondary schools, community colleges, and universities), and nongovernmental organizations on data standards, protocols for accepting data, and coordination of data collection, compilation, processing, archiving, and dissemination for data relating to ocean exploration and characterization; and

(8) coordinate with applicable ocean mapping, ocean monitoring, and ocean observation programs to maximize coordination and collaboration opportunities, prevent duplication of such activities and identify gaps in data.

(b) Donations

For the purpose of mapping, exploring, and characterizing the oceans or increasing the knowledge of the oceans, the Administrator may—

(1) accept monetary donations, which shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the National Oceanic and Atmospheric Administration and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts;

(2) accept donations of property, data, and equipment; and

(3) pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest.

(c) Definition of exclusive economic zone

In this section, the term "exclusive economic zone" means the zone established by Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note).

(Pub. L. 111–11, title XII, §12003, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, §10305(c), Dec. 23, 2022, 136 Stat. 3971.)

Editorial Notes

References in Text

Section 5405 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in subsec. (a)(6), probably means section 10304 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Pub. L. 117–263, which established the National Ocean Mapping, Exploration, and Characterization Council, and is classified to section 3408 of this title. Pub. L. 117–263 does not contain a section 5405.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §10305(c)(1)(A), inserted ", in consultation with the Ocean Policy Committee established under section 8932 of title 10," after "Administration" in introductory provisions.

Subsec. (a)(1). Pub. L. 117–263, §10305(c)(1)(B), substituted "expeditions" for "voyages" and "Federal and State agencies, Tribal Governments, private industry, academia (including secondary schools, community colleges, and universities), and nongovernmental organizations, to map, explore, and characterize" for "Federal agencies or academic or educational institutions, to explore and survey" and inserted "characterize," after "observe,".

Subsec. (a)(2). Pub. L. 117–263, §10305(c)(1)(C), inserted "of the exclusive economic zone" after "deep ocean regions".

Subsec. (a)(3). Pub. L. 117–263, §10305(c)(1)(D), substituted "expeditions" for "voyages".

Subsec. (a)(4). Pub. L. 117–263, §10305(c)(1)(E), struck out ", in consultation with the National Science Foundation," after "implement".

Subsec. (a)(5). Pub. L. 117–263, §10305(c)(1)(F), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensor and autonomous vehicles; and".

Subsec. (a)(6). Pub. L. 117–263, §10305(c)(1)(G), inserted ", in consultation with the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023," after "forum".

Subsec. (a)(7), (8). Pub. L. 117–263, §10305(c)(1)(H), added pars. (7) and (8).

Subsec. (b). Pub. L. 117–263, §10305(c)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Administrator may accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans."

Subsec. (c). Pub. L. 117–263, §10305(c)(3), added subsec. (c).

¹ See References in Text note below.

² So in original. The period probably should be a semicolon.

§3404. Education, workforce training, and outreach

(a) In general

The Administrator of the National Oceanic and Atmospheric Administration shall—

(1) conduct education and outreach efforts in order to broadly disseminate information to the public on the discoveries made by the program under section 3402 of this title;

(2) to the extent possible, coordinate the efforts described in paragraph (1) with the outreach strategies of other domestic or international ocean mapping, exploration, and characterization initiatives; and

(3) establish a fellowship program at the National Oceanic and Atmospheric Administration to provide year-long fellowships to undergraduate students from institutions described in section 1067q(a) of title 20.

(b) Education and outreach efforts

Efforts described in subsection (a)(1) may include—

(1) education of the general public, teachers, students, and ocean and coastal resource managers; and

(2) workforce training, reskilling, and opportunities to encourage development of ocean-related science, technology, engineering, and mathematics technical training programs involving secondary schools, community colleges, and universities, including institutions described in section 1067q(a) of title 20.

(c) Outreach strategy

Not later than 180 days after the date of the enactment of the National Ocean Exploration Act,¹ the Administrator of the National Oceanic and Atmospheric Administration shall develop an outreach strategy to broadly disseminate information on the discoveries made by the program under section 3402 of this title.

(Pub. L. 111–11, title XII, §12004, as added Pub. L. 117–263, div. J, title CIII, §10305(e)(1), Dec. 23, 2022, 136 Stat. 3973.)

Editorial Notes

References in Text

The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263.

Prior Provisions

A prior section 3404, Pub. L. 111–11, title XII, Mar. 30, 2009, 123 Stat. 1418, related to an ocean exploration and undersea research technology and infrastructure task force, prior to repeal by Pub. L. 117–263, div. J, title CIII, §10305(d), Dec. 23, 2022, 136 Stat. 3972.

¹ See References in Text note below.

§3405. Ocean Exploration Advisory Board

(a) Establishment

The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields, including representatives from academic, commercial, nonprofit, philanthropic, policy, and Tribal entities—

(1) to advise the Administrator on priority areas for survey, discovery, and opportunities for extramural collaboration and partnerships;

(2) to assist the program in the development of a 5-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery;

(3) to annually review the quality and effectiveness of the proposal review process established under section 3403(a)(4) of this title; and ¹

(4) to identify market barriers to development or commercialization of novel ocean mapping, exploration, and characterization products, processes, and tools;

(5) to identify best practices to improve data management, processing, storage, and archiving standards; and

(6) to provide other assistance and advice as requested by the Administrator.

(b) Chapter 10 of title 5

Section 1013 of title 5 shall not apply to the Board appointed under subsection (a).

(c) Application with Outer Continental Shelf Lands Act

Nothing in this subchapter supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

(Pub. L. 111–11, title XII, §12005, Mar. 30, 2009, 123 Stat. 1418; Pub. L. 117–263, div. J, title CIII, §10305(f), Dec. 23, 2022, 136 Stat. 3973; Pub. L. 117–286, §4(a)(208), Dec. 27, 2022, 136 Stat. 4329.)

Editorial Notes

References in Text

The Outer Continental Shelf Lands Act, referred to in subsec. (c), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §10305(f)(1)(A), inserted ", including representatives from academic, commercial, nonprofit, philanthropic, policy, and Tribal entities" after "relevant fields" in introductory provisions.

Subsec. (a)(1). Pub. L. 117–263, §10305(f)(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "to advise the Administrator on priority areas for survey and discovery;".

Subsec. (a)(4) to (6). Pub. L. 117–263, §10305(f)(1)(C), (D), added pars. (4) and (5) and redesignated former par. (4) as (6).

Subsec. (b). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "Federal Advisory Committee Act" in heading and "Section 1013 of title 5" for "Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)" in text.

Subsec. (c). Pub. L. 117–263, §10305(f)(2), inserted "this" before "subchapter".

¹ So in original. The word "and" probably should not appear.

§3406. Authorization of appropriations

There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subchapter $60,000,000 for each of fiscal years 2023 through 2028 ¹

(Pub. L. 111–11, title XII, §12006, Mar. 30, 2009, 123 Stat. 1419; Pub. L. 117–263, div. J, title CIII, §10305(g), Dec. 23, 2022, 136 Stat. 3974.)

Editorial Notes

Amendments

2022—Pub. L. 117–263 substituted "this subchapter $60,000,000 for each of fiscal years 2023 through 2028" for "this subchapter—" and struck out pars. (1) to (7) which authorized appropriations for fiscal years 2009 through 2015.

¹ So in original. Probably should be followed by a period.

§3407. Definitions

In this subchapter:

(1) Characterization

The terms "characterization", "characterize", and "characterizing" mean activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydrologic features, such as water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives.

(2) Exploration

The term ¹ "exploration", "explore", and "exploring" means ¹ activities that provide—

(A) a multidisciplinary view of an unknown or poorly understood area of the sea floor, sub-bottom, or water column; and

(B) an initial assessment of the physical, chemical, geological, biological, archaeological, or other characteristics of such an area.

(3) Mapping

The terms "map" and "mapping" mean activities that provide comprehensive data and information needed to understand sea floor characteristics, including depth, topography, bottom type, sediment composition and distribution, underlying geologic structure, and benthic flora and fauna.

(Pub. L. 111–11, title XII, §12007, as added Pub. L. 117–263, div. J, title CIII, §10305(h), Dec. 23, 2022, 136 Stat. 3974.)

¹ So in original. Probably should be "terms" and "mean".

§3408. National Ocean Mapping, Exploration, and Characterization Council

(a) Establishment

The President shall establish a council, to be known as the "National Ocean Mapping, Exploration, and Characterization Council" (in this section referred to as the "Council").

(b) Purpose

The Council shall—

(1) update national priorities for ocean mapping, exploration, and characterization; and

(2) coordinate and facilitate activities to advance those priorities.

(c) Reporting

The Council shall report to the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10.

(d) Membership

The Council shall be composed of senior-level representatives from the appropriate Federal agencies.

(e) Co-Chairs

The Council shall be co-chaired by—

(1) two senior-level representatives from the National Oceanic and Atmospheric Administration; and

(2) one senior-level representative from the Department of the Interior.

(f) Duties

The Council shall—

(1) set national ocean mapping, exploration, and characterization priorities and strategies;

(2) cultivate and facilitate transparent and sustained partnerships among Federal and State agencies, Indian Tribes, private industry, academia, and nongovernmental organizations to conduct ocean mapping, exploration, and characterization activities and related technology development;

(3) coordinate improved processes for data compilation, management, access, synthesis, and visualization with respect to ocean mapping, exploration, and characterization, with a focus on building on existing ocean data management systems and with appropriate safeguards on the public accessibility of data to protect national security equities, as appropriate;

(4) encourage education, workforce training, and public engagement activities that—

(A) advance interdisciplinary principles that contribute to ocean mapping, exploration, research, and characterization;

(B) improve public engagement with and understanding of ocean science; and

(C) provide opportunities for underserved populations;

(5) coordinate activities as appropriate with domestic and international ocean mapping, exploration, and characterization initiatives or programs; and

(6) establish and monitor metrics to track progress in achieving the priorities set under paragraph (1).

(g) Interagency Working Group on Ocean Exploration and Characterization

(1) Establishment

The President shall establish a new interagency working group to be known as the "Interagency Working Group on Ocean Exploration and Characterization".

(2) Membership

The Interagency Working Group on Ocean Exploration and Characterization shall be comprised of senior representatives from Federal agencies with ocean exploration and characterization responsibilities.

(3) Functions

The Interagency Working Group on Ocean Exploration and Characterization shall support the Council and the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10 on ocean exploration and characterization activities and associated technology development across the Federal Government, State governments, Indian Tribes, private industry, nongovernmental organizations, and academia.

(h) Oversight

The Council shall oversee—

(1) the Interagency Working Group on Ocean Exploration and Characterization established under subsection (g)(1); and

(2) the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title.

(i) Plan

(1) In general

Not later than 1 year after December 23, 2022, the Council shall develop or update and submit to the appropriate committees of Congress a plan for an integrated cross-sectoral ocean mapping, exploration, and characterization initiative.

(2) Elements

The plan required by paragraph (1) shall—

(A) discuss the utility and benefits of ocean exploration and characterization;

(B) identify and describe national ocean mapping, exploration, and characterization priorities;

(C) identify and describe Federal and federally funded ocean mapping, exploration, and characterization programs;

(D) facilitate and incorporate non-Federal input into national ocean mapping, exploration, and characterization priorities;

(E) ensure effective coordination of ocean mapping, exploration, and characterization activities among programs described in subparagraph (C);

(F) identify opportunities for combining overlapping or complementary needs, activities, and resources of Federal agencies and non-Federal organizations relating to ocean mapping, exploration, and characterization while not reducing benefits from existing mapping, explorations, and characterization activities;

(G) promote new and existing partnerships among Federal and State agencies, Indian Tribes, private industry, academia, and nongovernmental organizations to conduct or support ocean mapping, exploration, and characterization activities and technology development needs, including through coordination under section 4102 of this title and the National Oceanographic Partnership Program under section 8931 of title 10;

(H) develop a transparent and sustained mechanism for non-Federal partnerships and stakeholder engagement in strategic planning and mission execution to be implemented not later than December 31, 2023, for coordinating such activities with—

(i) institutions of higher education (as such term is defined in section 1001(a) of title 20, the private sector, philanthropic organizations, and nonprofits; and

(ii) international partners for activities relating to maritime areas (including the sea floor) beyond the jurisdiction of the Federal Government;

(I) establish standardized collection and data management protocols, including with respect to metadata, for ocean mapping, exploration, and characterization which—

(i) are publicly accessible and locatable via appropriate Federal repositories;

(ii) can facilitate the integration of ocean data into products and use innovations from non-Federal partners; and

(iii) have appropriate safeguards on the public accessibility of data to protect national security;

(J) encourage the development, testing, demonstration, and adoption of innovative ocean mapping, exploration, and characterization technologies and applications;

(K) promote protocols for accepting data, equipment, approaches, or other resources that support national ocean mapping, exploration, and characterization priorities;

(L) identify best practices for the protection of marine life during mapping, exploration, and characterization activities;

(M) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration and other appropriate Federal agencies to support a coordinated national ocean mapping, exploration, and characterization effort;

(N) identify and facilitate a centralized mechanism or office for coordinating data collection, compilation, processing, archiving, and dissemination activities relating to ocean mapping, exploration, and characterization that meets Federal mandates for data accuracy and accessibility;

(O) designate repositories responsible for archiving and managing ocean mapping, exploration, and characterization data;

(P) set forth a timetable and estimated costs for implementation and completion of the plan;

(Q) to the extent practicable, align ocean exploration and characterization efforts with existing programs and identify key gaps; and

(R) identify criteria for determining the optimal frequency of observations; and

(S) provide recommendations, developed in coordination with the private sector, to improve incentives, access, and processes for the private sector to share ocean-related data with the public and Federal Government.

(j) Briefings

Not later than 1 year after December 23, 2022, and not less frequently than once every 2 years thereafter, the Council shall brief the appropriate committees of Congress on—

(1) progress made toward meeting the national priorities described in subsection (i)(2)(B); and

(2) recommendations for meeting such priorities, such as additional authorities that may be needed to develop a mechanism for non-Federal partnerships and stakeholder engagement described in subsection (i)(2)(H).

(k) Appropriate committees of Congress defined

In this section, the term "appropriate committees of Congress" means—

(1) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and

(2) the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Committee on Armed Services of the House of Representatives.

(Pub. L. 117–263, div. J, title CIII, §10304, Dec. 23, 2022, 136 Stat. 3968.)

Editorial Notes

Codification

Section was enacted as part of James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Omnibus Public Land Management Act of 2009 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 117–263, div. J, title CIII, §10301, Dec. 23, 2022, 136 Stat. 3966, provided that: "Congress makes the following findings:

"(1) The health and resilience of the ocean are vital to the security and economy of the United States and to the lives of the people of the United States.

"(2) The United States depends on the ocean to regulate weather and climate, to sustain and protect the diversity of life, for maritime shipping, for national defense, and for food, energy, medicine, recreation, and other services essential to the people of the United States and all humankind.

"(3) The prosperity, security, and well-being of the United States depend on successful understanding and stewardship of the ocean.

"(4) Interdisciplinary cooperation and engagement among government agencies, research institutions, nongovernmental organizations, States, Indian Tribes, and the private sector are essential for successful stewardship of ocean and coastal environments, national economic growth, national security, and development of agile strategies that develop, promote, and use new technologies.

"(5) Ocean exploration can help the people of the United States understand how to be effective stewards of the ocean and serve as catalysts and enablers for other sectors of the economy.

"(6) Mapping, exploration, and characterization of the ocean provides basic, essential information to protect and restore the marine environment, stimulate economic activity, and provide security for the United States.

"(7) A robust national ocean exploration program engaging multiple Federal agencies, Indian Tribes, the private sector, nongovernmental organizations, and academia is—

"(A) essential to the interests of the United States and vital to its security and economy and the health and well-being of all people of the United States; and

"(B) critical to reestablish the United States at the forefront of global ocean exploration and stewardship."

Definitions

Pub. L. 117–263, div. J, title CIII, §10302, Dec. 23, 2022, 136 Stat. 3966, provided that: "In this title [see Tables for classification]:

"(1) Characterization.—The term 'characterization' means activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydrologic features, including water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives.

"(2) Exploration.—The term 'exploration' means activities that provide—

"(A) a multidisciplinary view of an unknown or poorly understood area of the seafloor, sub-bottom, or water column; and

"(B) an initial assessment of the physical, chemical, geological, biological, archeological, or other characteristics of such an area.

"(3) Indian tribe.—The term 'Indian Tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

"(4) Mapping.—The term 'mapping' means activities that provide comprehensive data and information needed to understand seafloor characteristics, such as depth, topography, bottom type, sediment composition and distribution, underlying geologic structure, and benthic flora and fauna."