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§ 892a. —  Functions of the Administrator.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC892a]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                SUBCHAPTER IV--NOAA HYDROGRAPHIC SERVICES
 
Sec. 892a. Functions of the Administrator


(a) Responsibilities

    To fulfill the data gathering and dissemination duties of the 
Administration under the Act of 1947, the Administrator shall--
        (1) acquire and disseminate hydrographic data;
        (2) promulgate standards for hydrographic data used by the 
    Administration in providing hydrographic services;
        (3) promulgate standards for hydrographic services provided by 
    the Administration;
        (4) ensure comprehensive geographic coverage of hydrographic 
    services, in cooperation with other appropriate Federal agencies;
        (5) maintain a national database of hydrographic data, in 
    cooperation with other appropriate Federal agencies;
        (6) provide hydrographic services in uniform, easily accessible 
    formats;
        (7) participate in the development of, and implement for the 
    United States in cooperation with other appropriate Federal 
    agencies, international standards for hydrographic data and 
    hydrographic services; and
        (8) to the greatest extent practicable and cost-effective, 
    fulfill the requirements of paragraphs (1) and (6) through contracts 
    or other agreements with private sector entities.

(b) Authorities

    To fulfill the data gathering and dissemination duties of the 
Administration under the Act of 1947, and subject to the availability of 
appropriations, the Administrator--
        (1) may procure, lease, evaluate, test, develop, and operate 
    vessels, equipment, and technologies necessary to ensure safe 
    navigation and maintain operational expertise in hydrographic data 
    acquisition and hydrographic services;
        (2) may enter into contracts and other agreements with qualified 
    entities, consistent with subsection (a)(8) of this section, for the 
    acquisition of hydrographic data and the provision of hydrographic 
    services;
        (3) shall award contracts for the acquisition of hydrographic 
    data in accordance with title IX of the Federal Property and 
    Administrative Services Act of 1949;\1\ and
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    \1\ See References in Text note below.
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        (4) shall, subject to the availability of appropriations, 
    design, install, maintain, and operate real-time hydrographic 
    monitoring systems to enhance navigation safety and efficiency.

(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.

(Pub. L. 105-384, title III, Sec. 303, Nov. 13, 1998, 112 Stat. 3454; 
Pub. L. 107-372, title I, Sec. 103, Dec. 19, 2002, 116 Stat. 3079.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (b)(3), is act June 30, 1949, ch. 288, 63 Stat. 
377, as amended. Title IX of the Act, which was classified generally to 
subchapter VI (Sec. 541 et seq.) of chapter 10 of former Title 40, 
Public Buildings, Property, and Works, was repealed and reenacted by 
Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as 
chapter 11 (Sec. 1101 et seq.) of Title 40, Public Buildings, Property, 
and Works. For disposition of sections of former Title 40 to revised 
Title 40, see Table preceding section 101 of Title 40. For complete 
classification of this Act to the Code, see Tables.


                               Amendments

    2002--Subsec. (b)(4). Pub. L. 107-372, Sec. 103(a), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``may design 
and install where appropriate Physical Oceanographic Real-Time Systems 
to enhance navigation safety and efficiency.''
    Subsec. (c). Pub. L. 107-372, Sec. 103(b), added subsec. (c).


                           Hydrographic Survey

    Pub. L. 106-541, title V, Sec. 554, Dec. 11, 2000, 114 Stat. 2679, 
provided that: ``The Secretary [of the Army] shall enter into an 
agreement with the Administrator of the National Oceanic and Atmospheric 
Administration--
        ``(1) to require the Secretary, not later than 60 days after the 
    Corps of Engineers completes a project involving dredging of a 
    channel, to provide data to the Administration in a standard digital 
    format on the results of a hydrographic survey of the channel 
    conducted by the Corps of Engineers; and
        ``(2) to require the Administrator to provide the final charts 
    with respect to the project to the Secretary in digital format, at 
    no charge, for the purpose of enhancing the mission of the Corps of 
    Engineers of maintaining Federal navigation projects.''

                  Section Referred to in Other Sections

    This section is referred to in sections 892b, 892c, 892d of this 
title.



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