§ 891b. — Fleet replacement and modernization Plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC891b]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
SUBCHAPTER III--NOAA FLEET MODERNIZATION
Sec. 891b. Fleet replacement and modernization Plan
(a) In general
To carry out the program authorized in section 891a of this title,
the Secretary shall develop and submit to Congress a replacement and
modernization Plan for the NOAA fleet covering the years authorized
under section 891h of this title.
(b) Timing
The Plan required in subsection (a) of this section shall be
submitted to Congress within 30 days of October 29, 1992, and updated on
an annual basis.
(c) Plan elements
The Plan required in subsection (a) of this section shall include
the following--
(1) the number of vessels proposed to be modernized or replaced,
the schedule for their modernization or replacement, and anticipated
funding requirements;
(2) the number of vessels proposed to be constructed, leased, or
chartered;
(3) the number of vessels, or days at sea, that can be obtained
by using the vessels of the UNOLS;
(4) the number of vessels that will be made available to NOAA by
the Secretary of the Navy, or any other federal \1\ official, and
the terms and conditions for their availability;
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\1\ So in original. Probably should be capitalized.
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(5) the proposed acquisition of modern scientific
instrumentation for the NOAA fleet, including acoustic systems, data
transmission positioning and communication systems, physical,
chemical, and meteorological oceanographic systems, and data
acquisition and processing systems; and
(6) the appropriate role of the NOAA Corps in operating and
maintaining the NOAA fleet.
(d) Contracting limitation
The Secretary may not enter into any contract for the construction,
lease, or service life extension of a vessel of the NOAA fleet before
the date of the submission to Congress of the Plan required in
subsection (a) of this section.
(Pub. L. 102-567, title VI, Sec. 604, Oct. 29, 1992, 106 Stat. 4300.)
Fishery Survey Vessel Acquisition
Pub. L. 106-450, title III, Nov. 7, 2000, 114 Stat. 1945, provided
that:
``SEC. 301. SHORT TITLE.
``This title may be cited as the `Fisheries Survey Vessel
Authorization Act of 2000'.
``SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS.
``(a) In General.--The Secretary, subject to the availability of
appropriations, may in accordance with this section acquire, by
purchase, lease, lease-purchase, or charter, and equip up to six fishery
survey vessels in accordance with this section.
``(b) Vessel Requirements.--Any vessel acquired and equipped under
this section must--
``(1) be capable of--
``(A) staying at sea continuously for at least 30 days;
``(B) conducting fishery population surveys using
hydroacoustic, longlining, deep water, and pelagic trawls, and
other necessary survey techniques; and
``(C) conducting other work necessary to provide fishery
managers with the accurate and timely data needed to prepare and
implement fishery management plans; and
``(2) have a hull that meets the International Council for
Exploration of the Sea standard regarding acoustic quietness.
``(c) Authorization.--To carry out this section there are authorized
to be appropriated to the Secretary $60,000,000 for each of fiscal years
2002 and 2003.''
Deactivation of NOAA Research Vessels
Section 401(b)(4) of Pub. L. 102-567 provided that:
``(A) Unless necessary for safety reasons, the Secretary of Commerce
shall not deactivate the ALBATROSS IV (if active), until an equivalent
replacement vessel is operational.
``(B) The Secretary of Commerce shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Merchant Marine and Fisheries [now Committee on Science] of the House of
Representatives 60 days prior to the proposed deactivation of any other
research vessel of the National Oceanic and Atmospheric Administration,
if an equivalent replacement vessel will not become operational at the
time of deactivation.''
Section Referred to in Other Sections
This section is referred to in sections 891, 891c of this title.
