CHAPTER 50—FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING

        

§3701. Purposes

The purposes of this chapter are to provide for—

(1) development coordination ¹ and implementation of a comprehensive interagency plan to—

(A) monitor and conduct research on the processes and consequences of ocean acidification and coastal acidification on marine organisms and ecosystems; and

(B) maintain and advise an interagency research, monitoring, and public outreach program on ocean acidification and coastal acidification;

(2) maintenance of an ocean acidification program within the National Oceanic and Atmospheric Administration;

(3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification and coastal acidification; and

(4) research adaptation strategies and mitigating the impacts of ocean and coastal acidification and related co-stressors on marine ecosystems.

(Pub. L. 111–11, title XII, §12402, Mar. 30, 2009, 123 Stat. 1436; Pub. L. 117–167, div. B, title VI, §10642, Aug. 9, 2022, 136 Stat. 1672.)

Editorial Notes

Amendments

2022—Pub. L. 117–167, §10642(b), struck out subsec. (a) designation and heading "Purposes" before "The purposes" in introductory provisions.

Subsec. (a)(1). Pub. L. 117–167, §10642(a)(1), substituted "development coordination and implementation" for "development and coordination" in introductory provisions, "acidification and coastal acidification on marine organisms" for "acidification on marine organisms" in subpar. (A), and "maintain and advise an interagency research, monitoring, and public outreach program on ocean acidification and coastal acidification;" for "establish an interagency research and monitoring program on ocean acidification;" in subpar. (B).

Subsec. (a)(2). Pub. L. 117–167, §10642(a)(2), substituted "maintenance" for "establishment".

Subsec. (a)(3). Pub. L. 117–167, §10642(a)(3), inserted "and coastal acidification" after "ocean acidification".

Subsec. (a)(4). Pub. L. 117–167, §10642(a)(4), substituted "mitigating the impacts of ocean and coastal acidification and related co-stressors on marine ecosystems." for "techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification."

Statutory Notes and Related Subsidiaries

Short Title of 2022 Amendment

Pub. L. 117–167, div. B, title VI, §10641, Aug. 9, 2022, 136 Stat. 1672, provided that: "This subtitle [subtitle E (§§10641–10649) of title VI of div. B of Pub. L. 117–167, amending this section and sections 3702 to 3708 of this title] may be cited as the 'Coastal and Ocean Acidification Research and Innovation Act of 2021'."

Short Title

Pub. L. 111–11, title XII, §12401, Mar. 30, 2009, 123 Stat. 1436, provided that: "This subtitle [subtitle D (§§12401–12409) of title XII of Pub. L. 111–11, enacting this chapter] may be cited as the 'Federal Ocean Acidification Research And Monitoring Act of 2009' or the 'FOARAM Act'."

¹ So in original.

§3702. Definitions

In this chapter:

(1) Coastal acidification

The term "coastal acidification" means the decrease in pH and changes in the water chemistry of coastal oceans, estuaries, and Great Lakes from atmospheric pollution, freshwater inputs, and excess nutrient run-off from land.

(2) Ocean acidification

The term "ocean acidification" means the decrease in pH and changes in the water chemistry of the Earth's oceans, coastal estuaries, marine waterways, and Great Lakes caused by carbon dioxide from the atmosphere and the breakdown of organic matter.

(3) Secretary

The term "Secretary" means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

(4) Subcommittee

The term "Subcommittee" means the National Science and Technology Council Subcommittee on Ocean Science and Technology.

(5) State

The term "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.

(Pub. L. 111–11, title XII, §12403, Mar. 30, 2009, 123 Stat. 1437; Pub. L. 117–167, div. B, title VI, §10643, Aug. 9, 2022, 136 Stat. 1672.)

Editorial Notes

Amendments

2022—Par. (1). Pub. L. 117–167, §10643(4), added par. (1). Former par. (1) redesignated (2).

Pub. L. 117–167, §10643(1), substituted "and changes in the water chemistry of the Earth's oceans, coastal estuaries, marine waterways, and Great Lakes caused by carbon dioxide from the atmosphere and the breakdown of organic matter" for "of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide".

Par. (2). Pub. L. 117–167, §10643(3), redesignated par. (1) as (2). Former par. (2) redesignated (3).

Par. (3). Pub. L. 117–167, §10643(3), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Pub. L. 117–167, §10643(2), substituted "National Science and Technology Council Subcommittee on Ocean Science and Technology" for "Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council".

Par. (4). Pub. L. 117–167, §10643(3), redesignated par. (3) as (4).

Par. (5). Pub. L. 117–167, §10643(5), added par. (5).

§3703. Interagency working group

(a) Designation

(1) In general

The Subcommittee shall coordinate Federal activities on ocean and coastal acidification and establish and maintain an interagency working group.

(2) Membership

The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of Energy, the Department of the Navy, the National Park Service, the Bureau of Indian Affairs, the National Institute of Standards and Technology, the Smithsonian Institution, and such other Federal agencies as appropriate.

(3) Chair

The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration.

(b) Duties

The Subcommittee shall—

(1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 3704 of this title and oversee the implementation of the plan;

(2) oversee the development of—

(A) an assessment of the potential impacts of ocean acidification and coastal acidification on marine organisms and marine ecosystems; and

(B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification and coastal acidification;

(3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources;

(4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations;

(5) establish or designate, and contribute to as appropriate, an Ocean Acidification Information Exchange to make information on ocean acidification and coastal acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and ¹

(c) Advisory Board

(1) Establishment

The Chair of the Subcommittee shall establish an Ocean Acidification Advisory Board.

(2) Duties

The Advisory Board shall—

(A) maintain a process for reviewing and making recommendations to the Subcommittee on—

(i) the biennial report specified in subsection (d)(2); and

(ii) the strategic research plan in subsection (d)(3);

(B) provide ongoing advice to the Subcommittee and the interagency working group on matters related to Federal activities on ocean and coastal acidification, including impacts and mitigation of ocean and coastal acidification; and

(C) advise the Subcommittee and the interagency working group on—

(i) efforts to coordinate research and monitoring activities related to ocean acidification and coastal acidification; and

(ii) the best practices for the standards developed for data archiving under section 3705(d) of this title.

(3) Membership

The Advisory Board shall consist of 25 members as follows:

(A) Two representatives of the shellfish, lobster, or crab industry.

(B) One representative of the finfish industry.

(C) One representative of seafood processors.

(D) Three representatives from academia, including both natural and social sciences.

(E) One representative of recreational fishing.

(F) One representative of a relevant nongovernmental organization.

(G) Six representatives from relevant State and local governments with policy or regulatory authorities related to ocean acidification and coastal acidification.

(H) One representative from the Alaska Ocean Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.

(I) One representative from the California Current Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.

(J) One representative from the Northeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.

(K) One representative from the Southeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.

(L) One representative from the Gulf of Mexico Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.

(M) One representative from the Mid-Atlantic Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose.

(N) One representative from the Pacific Islands Ocean Observing System or a subsequent entity that represents the island territories and possessions of the United States in the Pacific Ocean, and the State of Hawaii and has a similar purpose.

(O) One representative from the Caribbean Regional Association for Coastal Ocean Observing or a subsequent entity that represents Puerto Rico and the United States Virgin Islands and has a similar purpose.

(P) One representative from the National Oceanic and Atmospheric Administration Olympic Coast Ocean Acidification Sentinel Site or a subsequent entity that represents the same geographical representation.

(Q) One representative from the National Oceanic and Atmospheric Administration shall serve as an ex-officio member of the Advisory Board without a vote.

(4) Appointment of members

The Chair of the Subcommittee shall—

(A) appoint members to the Advisory Board (taking into account the geographical interests of each individual to be appointed as a member of the Advisory Board to ensure that an appropriate balance of geographical interests are represented by the members of the Advisory Board) who—

(i) represent the interest group for which each seat is designated;

(ii) demonstrate expertise on ocean acidification or coastal acidification and its scientific, economic, industry, cultural, and community impacts; and

(iii) have a record of distinguished service with respect to ocean acidification or coastal acidification, and such impacts;

(B) give consideration to nominations and recommendations from the members of the interagency working group and the public for such appointments; and

(C) ensure that an appropriate balance of scientific, industry, State and local resource managers, and geographical interests are represented by the members of the Advisory Board.

(5) Term of membership

Each member of the Advisory Board—

(A) shall be appointed for a 5-year term; and

(B) may be appointed to no more than two terms.

(6) Chair

The Chair of the Subcommittee shall appoint one member of the Advisory Board to serve as the Chair of the Advisory Board.

(7) Meetings

Not less than once each calendar year, the Advisory Board shall meet at such times and places as may be designated by the Chair of the Advisory Board, in consultation with the Chair of the Subcommittee and the Chair of the interagency working group.

(8) Briefing

The Chair of the Advisory Board shall brief the Subcommittee and the interagency working group on the progress of the Advisory Board as necessary or at the request of the Subcommittee.

(9) Tribal government engagement and coordination

(A) In general

The Advisory Board shall maintain mechanisms for coordination, and engagement with Tribal governments.

(i) Rule of construction

Nothing in subparagraph (A) may be construed as affecting any requirement to consult with Indian Tribes under Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Tribal governments) or any other applicable law or policy.

(10) Federal Advisory Committee Act

Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Board for 10 years from August 9, 2022.²

(d) Prize competitions

(1) In general

Any Federal agency with a representative serving on the interagency working group established under this section may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 3719 of title 15. An agency seeking to carry out such a program shall carry out such program in coordination with the chair of such interagency working group.

(2) Purposes

Any prize competition carried out under this subsection shall be for the purpose of stimulating innovation to advance our Nation's ability to understand, research, or monitor ocean acidification or its impacts, or to develop management or adaptation options for responding to ocean and coastal acidification.

(3) Priority programs

Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress due to the impacts of ocean and coastal acidification.

(e) Reports to Congress

(1) Initial report

Not later than 1 year after March 30, 2009, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that—

(A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and

(B) describes the progress in developing the plan required under section 3704 of this title.

(2) Biennial report

Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter until 2032, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives, and to the Office of Management and Budget, that includes—

(A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and

(B) an analysis of the progress made toward achieving the goals and priorities for interagency strategic research plan developed by the Subcommittee under section 3704 of this title.

(3) Strategic research plan

Not later than 2 years after March 30, 2009, the Subcommittee shall transmit the strategic research plan developed under section 3704 of this title to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years until 2031 thereafter.¹

(4) Economic vulnerability report

(A) In general

Not later than 2 years after December 31, 2020, and every 6 years thereafter until 2032, the Subcommittee shall transmit to the appropriate committees of Congress a report that—

(i) is named the "Ocean Chemistry Coastal Community Vulnerability Assessment";

(ii) identifies gaps in ocean acidification monitoring by public, academic, and private assets in the network of regional coastal observing systems;

(iii) identifies geographic areas which have gaps in ocean acidification research;

(iv) identifies United States coastal communities, including island communities, fishing communities, low-population rural communities, tribal and subsistence communities, and island communities, that may be impacted by ocean acidification;

(v) identifies impacts of changing ocean carbonate chemistry on the communities described in clause (iv), including impacts from changes in ocean and coastal marine resources that are not managed by the Federal Government;

(vi) identifies gaps in understanding of the impacts of ocean acidification on economically or commercially important species, particularly those which support United States commercial, recreational, and tribal fisheries and aquaculture;

(vii) identifies habitats that may be particularly vulnerable to corrosive sea water, including areas experiencing multiple stressors such as hypoxia, sedimentation, and harmful algal blooms;

(viii) identifies areas in which existing National Integrated Coastal and Ocean Observation System assets, including unmanned maritime systems, may be leveraged as platforms for the deployment of new sensors or other applicable observing technologies;

(ix) is written in collaboration with Federal agencies responsible for carrying out this chapter, including representatives of—

(I) the National Marine Fisheries Service and the Office for Coastal Management of the National Oceanic and Atmospheric Administration;

(II) regional coastal observing systems established under section 3603(c)(4) of this title;

(III) regional ocean acidification networks; and

(IV) sea grant programs (as defined in section 1122 of this title); and

(x) is written in consultation with experts, including subsistence users, academia, and stakeholders familiar with the economic, social, ecological, geographic, and resource concerns of coastal communities in the United States.

(B) Form of report

(i) Initial report

The initial report required under subparagraph (A) shall include the information described in clauses (i) through (viii) of that subparagraph on a national level.

(ii) Subsequent reports

Each report required under subparagraph (A) after the initial report—

(I) may describe the information described in clauses (i) through (viii) of that subparagraph on a national level; or

(II) may consist of separate reports for each region of the National Oceanic and Atmospheric Administration.

(iii) Regional reports

If the Subcommittee opts to prepare a report required under subparagraph (A) as separate regional reports under clause (ii)(II), the Subcommittee shall submit a report for each region of the National Oceanic and Atmospheric Administration not less frequently than once during each 6-year reporting period.

(C) Appropriate committees of Congress defined

In this paragraph and in paragraph (5), the term "appropriate committees of Congress" means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives.

(5) Monitoring prioritization plan

Not later than 180 days after the date of the submission of the initial report under paragraph (4)(A), the Subcommittee shall transmit to the appropriate committees of Congress a report that develops a plan to deploy new sensors or other applicable observing technologies such as unmanned maritime systems—

(A) based on such initial report;

(B) prioritized by—

(i) the threat to coastal economies and ecosystems;

(ii) gaps in data; and

(iii) research needs; and

(C) that leverage existing platforms, where possible.

(Pub. L. 111–11, title XII, §12404, Mar. 30, 2009, 123 Stat. 1437; Pub. L. 116–271, title I, §109, Dec. 31, 2020, 134 Stat. 3341; Pub. L. 117–167, div. B, title VI, §10644, Aug. 9, 2022, 136 Stat. 1673.)

Editorial Notes

References in Text

Section 14 of the Federal Advisory Committee Act, referred to in subsec. (c)(10), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361.

August 9, 2022, referred to in subsec. (c)(10), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of Pub. L. 117–167, which enacted subsec. (c), to reflect the probable intent of Congress.

Amendments

2022—Pub. L. 117–167, §10644(1), substituted "working group" for "Subcommittee" in section catchline.

Subsec. (a)(1). Pub. L. 117–167, §10644(2)(A), substituted "Subcommittee shall coordinate Federal activities on ocean and coastal acidification and establish and maintain" for "Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and establish".

Subsec. (a)(2). Pub. L. 117–167, §10644(2)(B), substituted "Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of Energy, the Department of the Navy, the National Park Service, the Bureau of Indian Affairs, the National Institute of Standards and Technology, the Smithsonian Institution," for "Wildlife Service,".

Subsec. (a)(3). Pub. L. 117–167, §10644(2)(C), substituted "Chair" for "Chairman" in heading.

Subsec. (b)(2). Pub. L. 117–167, §10644(3)(A), inserted "and coastal acidification" after "ocean acidification" in subpars. (A) and (B).

Subsec. (b)(4). Pub. L. 117–167, §10644(3)(B), substituted semicolon for "; and".

Subsec. (b)(5). Pub. L. 117–167, §10644(3)(C), inserted ", and contribute to as appropriate," after "designate" and substituted "and coastal acidification developed" for "developed" and "and coastal acidification; and" for period at end.

Subsec. (c). Pub. L. 117–167, §10644(6), added subsec. (c). Former subsec. (c) redesignated (e).

Subsec. (c)(2). Pub. L. 117–167, §10644(4)(A)(i), (ii), in introductory provisions, inserted "until 2032" after "every 2 years thereafter" and ", and to the Office of Management and Budget," after "House of Representatives".

Subsec. (c)(2)(B). Pub. L. 117–167, §10644(4)(A)(iii), substituted "interagency strategic research" for "the interagency research".

Subsec. (c)(3). Pub. L. 117–167, §10644(4)(B), inserted "until 2031" after "at least once every 5 years".

Subsec. (c)(4)(A). Pub. L. 117–167, §10644(4)(C), inserted "until 2032" after "and every 6 years thereafter" in introductory provisions.

Subsec. (d). Pub. L. 117–167, §10644(6), added subsec. (d).

Subsec. (e). Pub. L. 117–167, §10644(5), redesignated subsec. (c) as (e).

2020—Subsec. (c)(4), (5). Pub. L. 116–271 added pars. (4) and (5).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

¹ So in original.

² See References in Text note below.

§3704. Strategic research plan

(a) In general

Not later than 2 years after March 30, 2009, and not later than every 5 years following the publication of each subsequent strategic research plan until 2035, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification and coastal acidification that will provide for an assessment of the impacts of ocean acidification and coastal acidification on marine organisms and ecosystems and the development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification and to conserve marine organisms and ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification and coastal acidification that have identified research and monitoring needed to better understand ocean acidification and coastal acidification and its potential impacts, and recommendations made by the Advisory Board established in section 3703(c) of this title.

(b) Contents of the plan

The plan shall—

(1) provide for interdisciplinary research among the ocean sciences and social sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems;

(2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will—

(A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems;

(B) assess the short-term and long-term socioeconomic impacts of ocean acidification;

(C) provide information for the development of adaptation and mitigation strategies to address—

(i) socioeconomic impacts of ocean acidification and coastal acidification;

(ii) conservation of marine organisms and ecosystems;

(iii) assessment of the effectiveness of such adaptation and mitigation strategies; and

(D) improve research on—

(i) ocean acidification and coastal acidification;

(ii) the interactions between and effects of ocean and coastal acidification and multiple combined stressors including changes in water chemistry, changes in sediment delivery, hypoxia, and harmful algal blooms, on ocean acidification and coastal acidification; and

(iii) the effect or effects of clauses (i) and (ii) on marine resources and ecosystems;

(3) describe specific activities, including—

(A) efforts to determine user needs;

(B) research activities;

(C) monitoring activities;

(D) technology and methods development;

(E) data collection;

(F) data management;

(G) modeling activities;

(H) assessment of ocean acidification impacts;

(I) participation in international research efforts;

(J) assessment of adaptation and mitigation strategies; and

(K) education and outreach activities;

(4) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and ensure an appropriate balance of contribution in establishing the role of each Federal agency in implementing the plan;

(5) consider and utilize, as appropriate, the best available peer-reviewed scientific reports and studies conducted by Federal agencies, the National Research Council, or other entities;

(6) make recommendations for the coordination of the ocean acidification and coastal acidification research and monitoring activities within the United States with such activities of other nations and international organizations;

(7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan;

(8) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and coastal acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and coastal acidification and their impacts;

(9) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities;

(10) make recommendations for research to be conducted, including in the social sciences and economics, to address the key knowledge gaps identified in the Ocean Chemistry Coastal Community Vulnerability Assessment conducted under section 3703(c)(4) ¹ of this title;

(11) describe monitoring needs necessary to support potentially affected industry members, coastal stakeholders, fishery management councils and commissions, Tribal governments, non-Federal resource managers, and scientific experts on decision-making and adaptation related to ocean acidification and coastal acidification; and

(12) describe the extent to which the Subcommittee incorporated feedback from the Advisory Board established in section 3703(c) of this title.

(c) Program elements

The plan shall include at a minimum the following program elements:

(1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize—

(A) marine ecosystems;

(B) changes in marine productivity; and

(C) changes in ocean chemistry.

(2) Research to understand the species specific physiological responses of marine organisms to ocean acidification and coastal acidification, impacts on marine food webs of ocean acidification and coastal acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification and coastal acidification.

(3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial inputs, modeling to determine impacts on marine ecosystems, marine food webs, and individual marine organisms, and modeling that supports fisheries management.

(4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats.

(5) Assessment of socioeconomic impacts of ocean acidification and coastal acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems.

(6) Research to understand the combined impact of changes in ocean chemistry and other stressors, including sediment delivery, hypoxia, and harmful algal blooms, on each other and on living marine resources, including aquaculture and coastal ecosystems.

(7) Applied research to identify adaptation strategies for species impacted by changes in ocean chemistry including vegetation-based systems, shell recycling, species and genetic diversity, applied technologies, aquaculture methodologies, and management recommendations.

(8) Research to understand related and cumulative stressors and other biogeochemical processes occurring in conjunction with ocean acidification and coastal acidification.

(d) Publication

Concurrent with the submission of the plan to Congress, the Subcommittee shall publish the plan on a public website.

(Pub. L. 111–11, title XII, §12405, Mar. 30, 2009, 123 Stat. 1438; Pub. L. 116–271, title I, §110(a)–(c), Dec. 31, 2020, 134 Stat. 3343; Pub. L. 117–167, div. B, title VI, §10645, Aug. 9, 2022, 136 Stat. 1677.)

Editorial Notes

References in Text

Section 3703(c)(4) of this title, referred to in subsec. (b)(10), was redesignated as section 3703(e)(4) of this title by Pub. L. 117–167, div. B, title VI, §10644(5), Aug. 9, 2022, 136 Stat. 1674.

Amendments

2022—Subsec. (a). Pub. L. 117–167, §10645(1), substituted "acidification and coastal acidification" for "acidification" wherever appearing; in the first sentence, inserted ", and not later than every 5 years following the publication of each subsequent strategic research plan until 2035" after "March 30, 2009" and "address the socioeconomic impacts of ocean acidification and coastal acidification and to" after "mitigation strategies to" and substituted "ecosystems" for "marine ecosystems" in two places; and in the second sentence, substituted "Advisory Board established in section 3703(c) of this title" for "National Academy of Sciences in the review of the plan required under subsection (d)".

Subsec. (b)(1). Pub. L. 117–167, §10645(2)(A), inserted "and social sciences" after "among the ocean sciences".

Subsec. (b)(2)(B). Pub. L. 117–167, §10645(2)(B)(i), substituted "assess the short-term and long-term" for "improve the ability to assess the" and semicolon for "; and".

Subsec. (b)(2)(C). Pub. L. 117–167, §10645(2)(B)(ii), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems;".

Subsec. (b)(2)(D). Pub. L. 117–167, §10645(2)(B)(iii), added subpar. (D).

Subsec. (b)(3)(F). Pub. L. 117–167, §10645(2)(C)(i), substituted "data management" for "database development".

Subsec. (b)(3)(J), (K). Pub. L. 117–167, §10645(2)(C)(ii), (iii), added subpars. (J) and (K).

Subsec. (b)(4). Pub. L. 117–167, §10645(2)(D), substituted "ensure an appropriate balance of contribution in establishing" for "set forth".

Subsec. (b)(5). Pub. L. 117–167, §10645(2)(E), substituted "the best available peer-reviewed scientific reports" for "reports".

Subsec. (b)(6). Pub. L. 117–167, §10645(2)(F), inserted "and coastal acidification" after "ocean acidification" and substituted "within the United States" for "of the United States".

Subsec. (b)(8). Pub. L. 117–167, §10645(2)(G)(iii), which directed the substitution of a semicolon for "; and", could not be executed because "and" had already been struck out at the end of par. (8) by Pub. L. 116–271, §110(a)(1), in the course of adding par. (10). See 2020 Amendment note below.

Pub. L. 117–167, §10645(2)(G)(i), (ii), inserted "and coastal acidification" after "ocean acidification" in two places and substituted "their" for "its".

Subsec. (b)(11), (12). Pub. L. 117–167, §10645(2)(H)–(J), added pars. (11) and (12).

Subsec. (c)(1)(C). Pub. L. 117–167, §10645(3)(A), struck out "surface" before "ocean chemistry".

Subsec. (c)(2). Pub. L. 117–167, §10645(3)(B), inserted "and coastal acidification" after "ocean acidification" wherever appearing.

Subsec. (c)(3). Pub. L. 117–167, §10645(3)(C), substituted "inputs," for "input, and" and inserted ", marine food webs," after "marine ecosystems" and ", and modeling that supports fisheries management" after "marine organisms".

Subsec. (c)(5). Pub. L. 117–167, §10645(3)(D), inserted "and coastal acidification" after "ocean acidification".

Subsec. (c)(8). Pub. L. 117–167, §10645(3)(E), added par. (8).

Subsec. (d). Pub. L. 117–167, §10645(4), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan."

Subsec. (e). Pub. L. 117–167, §10645(4), struck out subsec. (e). Text read as follows: "In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups, tribal governments, and subsistence users. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days."

2020—Subsec. (b)(10). Pub. L. 116–271, §110(a), added par. (10).

Subsec. (c)(6), (7). Pub. L. 116–271, §110(b), added pars. (6) and (7).

Subsec. (e). Pub. L. 116–271, §110(c), inserted ", tribal governments, and subsistence users" after "groups".

Statutory Notes and Related Subsidiaries

Revised Strategic Research Plan

Pub. L. 116–271, title I, §110(d), Dec. 31, 2020, 134 Stat. 3343, provided that: "Not later than one year after the date of the enactment of this Act [Dec. 31, 2020], the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall submit to Congress a revised strategic research plan under section 12405 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) that includes the matters required by the amendments made by this section."

¹ See References in Text note below.

§3705. NOAA ocean acidification activities

(a) In general

The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, coordination, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 3704 of this title that—

(1) includes—

(A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification and coastal acidification;

(B) the establishment of a long-term monitoring program of ocean acidification and coastal acidification utilizing existing global and national ocean observing assets, including leveraging, as appropriate, the Integrated Ocean Observing System and the ocean observing assets of other Federal, State, and Tribal agencies, and adding instrumentation and sampling stations as appropriate to the aims of the research program;

(C) prioritization of the location of monitoring instruments, assets, and projects to maximize the efficiency of resources and agency and department missions;

(D) an optimization of understanding of socioeconomic impacts and ecosystem health ¹

(E) research to identify and develop adaptation and mitigation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification and coastal acidification;

(F) technical assistance to socioeconomically vulnerable States, local governments, Tribal governments, communities, and industries impacted by ocean and coastal acidification to support their development of ocean and coastal acidification mitigation strategies;

(G) as an integral part of the research programs described in this chapter, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification and coastal acidification;

(H) as an integral part of the research programs described in this chapter, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and coastal acidification and their respective impacts on marine resources;

(I) coordination of ocean acidification and coastal acidification research, monitoring, and adaptation and mitigation strategies with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others;

(J) research to improve understanding of—

(i) the impact of ocean acidification and coastal acidification; and

(ii) how multiple environmental stressors may contribute to and exacerbate ocean and coastal acidification on living marine resources and coastal ecosystems; and

(K) research to support the development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean and coastal acidification on coastal communities;

(2) provides grants for critical research, education, and outreach projects that explore and communicate the effects of ocean acidification and coastal acidification on ecosystems and the socioeconomic impacts of increased ocean acidification and coastal acidification that are relevant to the goals and priorities of the strategic research plan;

(3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 8931 of title 10; and

(4) includes an ongoing mechanism that allows industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, community acidification networks, indigenous knowledge groups, and scientific experts to provide input on monitoring needs that are necessary to support on the ground management, decision making, and adaptation related to ocean acidification and its impacts.

(b) Additional authority

In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this chapter on such terms as the Secretary considers appropriate.

(c) Relationship to interagency working group

The National Oceanic and Atmospheric Administration shall serve as the lead Federal agency responsible for coordinating the Federal response to ocean and coastal acidification. The Administration may enter into Memoranda of Understanding to—

(1) coordinate monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal governments and international partners; this may include analysis and synthesis of the results of monitoring and research;

(2) maintain an Ocean Acidification Information Exchange described under section 3703(b)(5) of this title to allow for information to be electronically accessible, including information—

(A) on ocean acidification developed through or used by the ocean acidification program described under subsection (a); or

(B) that would be useful to State governments, local governments, Tribal governments, resource managers, policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and

(3) establishing and maintaining the data archive system under subsection (d).

(d) Data archive system

(1) In general

The Secretary, in coordination with the members of the interagency working group, shall support the long-term stewardship of, and access to, data relating to ocean and coastal acidification through providing the data on a publicly accessible data archive system. To the extent possible, this data archive system shall collect and provide access to ocean and coastal acidification data—

(A) from relevant federally funded research;

(B) provided by a Federal, State, or local government, academic scientist, citizen scientist, or industry organization;

(C) voluntarily submitted by Tribes or Tribal governments; and

(D) from existing global or national data assets that are currently maintained within Federal agencies.

(2) Data standards

The Secretary to, the extent possible, shall ensure all such data adheres to data and metadata standards to support the public findability, accessibility, interoperability, and reusability of such data.

(Pub. L. 111–11, title XII, §12406, Mar. 30, 2009, 123 Stat. 1440; Pub. L. 115–232, div. A, title VIII, §809(k)(2), Aug. 13, 2018, 132 Stat. 1843; Pub. L. 116–271, title I, §111, Dec. 31, 2020, 134 Stat. 3343; Pub. L. 117–167, div. B, title VI, §10646, Aug. 9, 2022, 136 Stat. 1679.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–167, §10646(1)(A), inserted "coordination," after "research, monitoring," in introductory provisions.

Subsec. (a)(1). Pub. L. 117–167, §10646(1)(D), substituted "acidification and coastal acidification" for "acidification" wherever appearing. Amendment was not executed in subpars. (F), (J), and (K) as added by Pub. L. 117–167, §10646(1)(B)(v), (viii), to reflect the probable intent of Congress.

Subsec. (a)(1)(B). Pub. L. 117–167, §10646(1)(B)(i), inserted "including leveraging, as appropriate, the Integrated Ocean Observing System and the ocean observing assets of other Federal, State, and Tribal agencies," after "ocean observing assets,".

Subsec. (a)(1)(C), (D). Pub. L. 117–167, §10646(1)(B)(iii), added subpars. (C) and (D). Former subpars. (C) and (D) redesignated (E) and (G), respectively.

Subsec. (a)(1)(E). Pub. L. 117–167, §10646(1)(B)(ii), (iv), redesignated subpar. (C) as (E) and substituted "adaptation and mitigation" for "adaptation". Former subpar. (E) redesignated (H).

Subsec. (a)(1)(F). Pub. L. 117–167, §10646(1)(B)(v), added subpar. (F).

Subsec. (a)(1)(G). Pub. L. 117–167, §10646(1)(B)(ii), redesignated subpar. (D) as (G).

Subsec. (a)(1)(H). Pub. L. 117–167, §10646(1)(B)(ii), (vi), redesignated subpar. (E) as (H), substituted "their respective impacts" for "its impacts", and struck out "and" at end.

Subsec. (a)(1)(I). Pub. L. 117–167, §10646(1)(B)(vii)(II), which directed the substitution of a semicolon for a period at the end, could not be executed because a semicolon, rather than a period, already appeared at the end.

Pub. L. 117–167, §10646(1)(B)(ii), (vii)(I), redesignated subpar. (F) as (I) and substituted "research, monitoring, and adaptation and mitigation strategies" for "monitoring and impacts research".

Subsec. (a)(1)(J), (K). Pub. L. 117–167, §10646(1)(B)(viii), added subpars. (J) and (K).

Subsec. (a)(2). Pub. L. 117–167, §10646(1)(D), substituted "acidification and coastal acidification" for "acidification" in two places.

Pub. L. 117–167, §10646(1)(C), substituted "critical research, education, and outreach projects that explore and communicate" for "critical research projects that explore".

Subsecs. (c), (d). Pub. L. 117–167, §10646(2), added subsecs. (c) and (d).

2020—Subsec. (a)(4). Pub. L. 116–271 added par. (4).

2018—Subsec. (a)(3). Pub. L. 115–232 substituted "section 8931 of title 10" for "section 7901 of title 10".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

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

§3706. NSF ocean acidification activities

(a) Research activities

The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification and coastal acidification which shall support competitive, merit-based, peer-reviewed proposals for research, observation, and monitoring of ocean acidification and coastal acidification and their respective impacts, including—

(1) impacts on marine organisms, including species cultured for aquaculture, and marine ecosystems;

(2) impacts on ocean, coastal, and estuarine biogeochemistry;

(3) the development of methodologies and technologies to evaluate ocean acidification and coastal acidification and their respective impacts; and

(4) impacts of multiple stressors on ecosystems exhibiting hypoxia, harmful algal blooms, or sediment delivery, combined with changes in ocean chemistry; and

(5) adaptation and mitigation strategies to address socioeconomic effects of ocean acidification and coastal acidification.

(b) Consistency

The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title.

(c) Coordination

The Director shall encourage coordination of the Foundation's ocean acidification and coastal acidification activities with such activities of other nations and international organizations.

(d) Requirement

Recipients of grants from the National Science Foundation under this chapter that collect data described under section 3705(d) of this title shall—

(1) collect data in accordance with the standards, protocols, or procedures established pursuant to section 3705(d) of this title; and

(2) submit such data to the Director and the Secretary after publication, in accordance with any rules promulgated by the Director or the Secretary.

(Pub. L. 111–11, title XII, §12407, Mar. 30, 2009, 123 Stat. 1441; Pub. L. 116–271, title I, §112, Dec. 31, 2020, 134 Stat. 3344; Pub. L. 117–167, div. B, title VI, §10647, Aug. 9, 2022, 136 Stat. 1680.)

Editorial Notes

Amendments

2022—Pub. L. 117–167, §10647(1), substituted "ocean acidification and coastal acidification" for "ocean acidification" wherever appearing in text.

Subsec. (a). Pub. L. 117–167, §10647(2)(A), substituted "their respective impacts" for "its impacts" in introductory provisions.

Subsec. (a)(3). Pub. L. 117–167, §10647(2)(B), substituted "and their respective impacts" for "and its impacts".

Subsec. (a)(5). Pub. L. 117–167, §10647(2)(C), (D), added par. (5).

Subsec. (d). Pub. L. 117–167, §10647(3), added subsec. (d).

2020—Subsec. (a). Pub. L. 116–271 amended subsec. (a) generally. Prior to amendment, text read as follows: "The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts, including—

"(1) impacts on marine organisms and marine ecosystems;

"(2) impacts on ocean, coastal, and estuarine biogeochemistry; and

"(3) the development of methodologies and technologies to evaluate ocean acidification and its impacts."

§3707. NASA ocean acidification activities

(a) Ocean acidification activities

The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and coastal acidification and their respective impacts.

(b) Program consistency

The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification and coastal acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title.

(c) Coordination

The Administrator shall encourage coordination of the Agency's ocean acidification and coastal acidification activities with such activities of other nations and international organizations.

(d) Requirement

Researchers from the National Aeronautics and Space Administration under this subtitle that collect data described under section 3705(d) of this title shall—

(1) collect such data in accordance with the standards, protocols, or procedures established pursuant to section 3705(d) of this title; and

(2) submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary.

(Pub. L. 111–11, title XII, §12408, Mar. 30, 2009, 123 Stat. 1441; Pub. L. 117–167, div. B, title VI, §10648, Aug. 9, 2022, 136 Stat. 1681.)

Editorial Notes

Amendments

2022—Pub. L. 117–167, §10648(1), substituted "ocean acidification and coastal acidification" for "ocean acidification" wherever appearing in text.

Subsec. (a). Pub. L. 117–167, §10648(2), substituted "their respective impacts" for "its impacts".

Subsec. (d). Pub. L. 117–167, §10648(3), added subsec. (d).

§3708. Authorization of appropriations

(a) NOAA

There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this chapter—

(1) $20,500,000 for fiscal year 2023;

(2) $22,000,000 for fiscal year 2024;

(3) $24,000,000 for fiscal year 2025;

(4) $26,000,000 for fiscal year 2026; and

(5) $28,000,000 for fiscal year 2027.

(b) NSF

There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this chapter, $20,000,000 for each of the fiscal years 2023 through 2027.

(Pub. L. 111–11, title XII, §12409, Mar. 30, 2009, 123 Stat. 1441; Pub. L. 117–167, div. B, title VI, §10649, Aug. 9, 2022, 136 Stat. 1681.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–167, §10649(1), substituted pars. (1) to (5) for former pars. (1) to (4) which authorized appropriations for fiscal years 2009 to 2012.

Subsec. (b). Pub. L. 117–167, §10649(2), substituted "chapter, $20,000,000 for each of the fiscal years 2023 through 2027." for "chapter—" and pars. (1) to (4) which authorized appropriations for fiscal years 2009 to 2012.