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 123STA T . 1 40 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9throug hth eN e wM e xic o In ter s t a te S trea mC ommission ) agree that an extension is reasona bly necessary .(2 ) REVOCABIL I TY O F A GR EE M E N T, CONTRACT AN D A U T H ORI Z ATION S . — ( A ) P ETITION.—I f the Nation d etermines that a dead - line described in p aragraph ( 1 )(A) is not substantially met, the Nation may submit to the court in the stream ad j udica- tion a petition to enter an order terminating the Agreement and Contract. ( B ) T ERMINATION.— O n issuance of an order to termi- nate the Agreement and Contract under subparagraph (A)— (i) the Trust F und shall be terminated (ii) the balance of the Trust Fund shall be depos- ited in the general fund of the Treasury; (iii) the authori z ations for construction and rehabilitation of water projects under this subtitle shall be re v o k ed and any Federal activity related to that construction and rehabilitation shall be suspended; and (iv) this part and parts I and III shall be null and void. ( 3 ) CONDITIONS NOT CAUSING NULLIFICATION OF SETTLE- MENT.— (A) IN GENERAL.—If a condition described in subpara- graph (B) occurs, the Agreement and Contract shall not be nullified or terminated. (B) CONDITIONS.—The conditions referred to in subparagraph (A) are as follows (i) A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 1 06 06. (ii) A failure— (I) to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona; (II) to obtain a necessary water right for the consumptive use of water in Arizona; (III) to contract for the delivery of water for use in Arizona; or (I V ) to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project. (f) E FFECT ON RIGHTS OF INDIAN TRIBES.— (1) IN GENERAL.—Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section q uan- tifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San J uan River Basin in the State of New Mexico. (2) E X CE P TION.—The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9 .13 of the Agreement.


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 123STA T . 1 40 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9SEC.107 0 2 . TRU ST F U ND . (a)ESTABLI S HMEN T .—Ther e is es t a bl ishe d i n the Treas u r y a f und t o be k no w nasthe ‘ ‘ N a v a j o Nation W ater R esour c es D evelo p-m ent Trust F und ’ ’, consistin g of— ( 1 ) such amounts as are appropriated to the Trust Fund under subsection (f) and ( 2 ) any interest earned on investment of amounts in the Trust Fund under subsection (d). (b) U SE OF F U N D S.—The Nation may use amounts in the Trust Fund— (1) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United S tates for which the Nation is responsible for operation, mainte- nance, and replacement costs; and (2) to investigate, implement, or improve a water conserva- tion measure (including a metering or monitoring activity) nec- essary for the Nation to make use of a water right of the Nation under the A greement. (c) M ANA G EMENT.—The Secretary shall manage the Trust Fund, invest amounts in the Trust Fund pursuant to subsection (d), and make amounts available from the Trust Fund for distribution to the Nation in accordance with the American I ndian Trust Fund Management Reform Act of 1 9 9 4 (2 5 U.S. C .4 0 01etse q .). (d) IN V ESTMENT OF THE T R UST FUND.— B eginning on O ctober 1, 2019, the Secretary shall invest amounts in the Trust Fund in accordance with— (1) the Act of April 1, 1 8 80 (25 U.S.C. 1 6 1); (2) the first section of the Act of J une 24, 19 3 8 (25 U.S.C. 162a); and (3) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (e) CONDITIONS FOR E XP ENDITURES AND WITHDRA W ALS.— (1) TRIBAL MANAGEMENT PLAN.— (A) IN GENERAL.—Subject to paragraph ( 7 ), on approval by the Secretary of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Nation may withdraw all or a portion of the amounts in the Trust Fund. (B) RE Q UIREMENTS.—In addition to any requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall require that the Nation only use amounts in the Trust Fund for the purposes described in subsection (b), including the identification of water con- servation measures to be implemented in association with the agricultural water use of the Nation. (2) ENFOR C EMENT.—The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Trust Fund are used in accordance with this subtitle. (3) NO LIABILIT Y .—Neither the Secretary nor the Secretary of the Treasury shall be liable for the e x penditure or investment of any amounts withdrawn from the Trust Fund by the Nation. (4) EXPENDITURE PLAN.— Ef f ectiv e da te .

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 123STA T . 1 40 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)INGE NE RAL.—TheNations ha l ls ubm it to the S e c-r etar yf ora p pro v alane x pen d iture plan for any portion of the amounts in the Trust F und made available under this section that the Nation does not w ithdraw under this subsection. ( B ) D E SC R IPT I O N.—The expenditure plan shall describe the manner in which , and the purposes for which, funds of the Nation remainin g in the Trust Fund will be used. ( C ) APPRO V AL.— O n receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle. ( 5 ) ANN U AL REPORT.—The Nation shall submit to the Sec- retary an annual report that describes any expenditures from the Trust Fund during the year covered by the report. ( 6 ) L I M ITATION.—No portion of the amounts in the Trust Fund shall be distributed to any Nation member on a per capita basis. ( 7 ) CON D ITIONS.—Any amount authori z ed to be appro- priated to the Trust Fund under subsection (f) shall not be available for expenditure or withdrawal— (A) before December 31, 20 1 9; and (B) until the date on which the court in the stream ad j udication has entered— (i) the P artial Final Decree; and (ii) the Supplemental Partial Final Decree. (f) AUT H ORI Z ATION O F APPROPRIATIONS.—There are authorized to be appropriated for deposit in the Trust Fund— (1) $ 6,000,000 for each of fiscal years 2010 through 201 4 and (2) $4,000,000 for each of fiscal years 2015 through 2019. SEC.107 0 3 . WAIV E R SA ND RE L EASES. (a) CLAIMS BY THE NATION AND THE U NITED STATES.—In return for recognition of the Nation ’ s water rights and other benefits, including but not limited to the commitments by other parties, as set forth in the Agreement and this subtitle, the Nation, on behalf of itself and members of the Nation (other than members in the capacity of the members as allottees), and the United States acting in its capacity as trustee for the Nation, shall execute a waiver and release of— (1) all claims for water rights in, or for waters of, the San J uan R iver Basin in the State of New M exico that the Nation, or the United States as trustee for the Nation, asserted, or could have asserted, in any proceeding, including but not limited to the stream adjudication, up to and including the effective date described in subsection (e), except to the extent that such rights are recognized in the Agreement or this sub- title; (2) all claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or ta k ing of water (including but not limited to claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking) in the San Juan River Basin in the State of New Mexico that accrued at any time up to and including the effective date described in subsection (e);


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 123STA T . 1 40 4 PUBLIC LA W 111 – 11 —M A R .30, 200 9(3)al l c la imsof a nyd ama ge, loss, o r in ju ry or for injunc t i v e or ot h er relief b ecause of the condition of or changes in w ater q uality related to, or arising out of, the e x ercise of water rights and ( 4 ) all claims against the S tate of N ew M exico, its agencies, or em p loyees relating to the negotiation or the adoption of the A greement . (b) CLAIMSBYTHE NATI ON A G AINST THE U NITE D STATES. —T he Nation, on behalf of itself and its members (other than in the capacity of the members as allottees), shall execute a waiver and release of— ( 1 ) all claims against the United States, its agencies, or employees relating to claims for water rights in or waters of the San J uan R iver B asin in the State of New Mexico that the United States, acting in its capacity as trustee for the Nation, asserted, or could have asserted, in any proceeding, including but not limited to the stream adjudication; ( 2 ) all claims against the United States, its agencies, or employees relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including but not limited to damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights; claims relating to inference with, diversion, or ta k ing of water or water rights; or claims relating to failure to protect, acquire, replace, or develop water or water rights) in the San Juan River Basin in the State of New Mexico that first accrued at any time up to and including the effective date described in subsection (e); (3) all claims against the United States, its agencies, or employees relating to the pending litigation of claims relating to the Nation ’ s water rights in the stream adjudication; and (4) all claims against the United States, its agencies, or employees relating to the negotiation, execution, or the adoption of the Agreement, the decrees, the Contract, or this subtitle. (c) RESE RV ATION O F CLAIMS.—Notwithstanding the waivers and releases authori z ed in this subtitle, the Nation on behalf of itself and its members (including members in the capacity of the members as allottees) and the United States acting in its capacity as trustee for the Nation and allottees, retain— (1) all claims for water rights or injuries to water rights arising out of activities occurring outside the San Juan River Basin in the State of New Mexico, subject to paragraphs 8 . 0, 9 .3, 9.12, 9.13, and 13.9 of the Agreement; (2) all claims for enforcement of the Agreement, the Con - tract, the P artial F inal D ecree, the Supplemental Partial Final Decree, or this subtitle, through any legal and equitable rem- edies available in any court of competent jurisdiction; (3) all rights to use and protect water rights acquired pursuant to State law after the date of enactment of this Act; (4) all claims relating to activities affecting the quality of water not related to the exercise of water rights, including but not limited to any claims the Nation might have under— (A) the Comprehensive E nvironmental Response, Com- pensation, and L iability Act of 1980 (42 U.S.C. 9 6 01 et seq.);


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 123STA T . 1 405PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)theSaf e Drink in gW ater Ac t( 42U. S. C . 30 0f et s e q .) an d (C) the F edera l Water Po ll u tion Control Act (33 U.S.C. 1 2 5 1 et seq.); (5) all clai m s relating to damages , losses, or in j uries to land or natural resources not due to loss of w ater or water rights; and ( 6 ) all rights, remedies, p ri v ileges, immunities, and powers not specificall y waived and released under the terms of the Agreement or this su b title. (d) TOL L ING O F CL A I MS . — (1) I NG E NE R AL.— E ach applicable period of limitation and time - based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the earlier of— (A) M arch 1, 2025; or (B) the effective date described in subsection (e). (2) EFFE CT OFS UB SECTION.— N othing in this subsection revives any claim or tolls any period of limitation or time- based equitable defense that e x pired before the date of enact- ment of this Act. (3) L IMITATION.—Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (e) EFFECTI V E DATE.— (1) IN GENERAL.—The waivers and releases described in subsections (a) and (b) shall be effective on the date on which the Secretary publishes in the Federal R egister a statement of findings documenting that each of the deadlines described in section 10 7 01(e)(1) have been met. (2) DEA D LINE.—If the deadlines described in section 10701(e)(1)(A) have not been met by the later of March 1, 2025, or the date of any extension under section 10701(e)(1)(B)— (A) the waivers and releases described in subsections (a) and (b) shall be of no effect; and (B) section 10701(e)(2)(B) shall apply. SEC.107 0 4 . WAT E R R IGH TS HE LD I N TR U ST. A tribal water right adjudicated and described in paragraph 3.0 of the Partial Final Decree and in paragraph 3.0 of the Supple- mental Partial Final Decree shall be held in trust by the United States on behalf of the Nation. Subti t leC— S hos ho n e -Pa iute Tr ibes o f the D u ckV alle yR eser v ation W ater Ri g hts Settle m ent SEC. 10 8 01. F INDINGS. Congress finds that— (1) it is the policy of the United States, in accordance with the trust responsibility of the United States to Indian tribes, to promote Indian self-determination and economic self- sufficiency and to settle Indian water rights claims without lengthy and costly litigation, if practicable; Nevad a .Ap p lic a b ili ty . F ede r al R e g i s ter , p u blicati on . T i m e period.


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 123STA T . 1 406PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)quantify in gr ig h t s t ow at e ran d de v e l o pm ent of fa c ilities needed to use tri b al water supplies is essential to the develop - ment of viable I ndian reservation economies and the establish- ment of a permanent reservation homeland ( 3 ) uncertainty concerning the e x tent of the S hoshone- P aiute T ribes ’ water rights has resulted in limited access to water and inadequate financial resources necessary to achieve self-determination and self-sufficiency; ( 4 )in2 0 0 6, the Tribes, the State of Idaho, the affected individual water users, and the U nited States resolved all tribal claims to water rights in the Sna k e R iver B asin A d j udica- tion through a consent decree entered by the D istrict C ourt of the F ifth J udicial District of the State of Idaho, requiring no further Federal action to quantify the Tribes’ water rights in the State of Idaho; ( 5 ) as of the date of enactment of this Act, proceedings to determine the extent and nature of the water rights of the Tribes in the E ast Fork of the O wyhee River in N evada are pending before the Nevada State Engineer; (6) final resolution of the Tribes’ water claims in the East Fork of the Owyhee River adjudication will — (A) take many years; (B) entail great expense; (C) continue to limit the access of the Tribes to water, with economic and social consequences; (D) prolong uncertainty relating to the availability of water supplies; and (E) seriously impair long-term economic planning and development for all parties to the litigation; ( 7 ) after many years of negotiation, the Tribes, the State, and the upstream water users have entered into a settlement agreement to resolve permanently all water rights of the Tribes in the State; and ( 8 ) the Tribes also seek to resolve certain water-related claims for damages against the United States .SEC.108 0 2 . PUR P O SES. The purposes of this subtitle are— ( 1 ) to resolve outstanding issues with respect to the East Fork of the Owyhee River in the State in such a manner as to provide important benefits to— (A) the United States; (B) the State; (C) the Tribes; and (D) the upstream water users; (2) to achieve a fair, equitable, and final settlement of all claims of the Tribes, members of the Tribes, and the United States on behalf of the Tribes and members of Tribes to the waters of the East Fork of the Owyhee River in the State; (3) to ratify and provide for the enforcement of the Agree- ment among the parties to the litigation; (4) to resolve the Tribes’ water-related claims for damages against the United States; (5) to require the Secretary to perform all obligations of the Secretary under the Agreement and this subtitle; and


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 123STA T . 1 407PUBLIC LA W 111 – 11 —M A R .30, 200 9(6)toau t h o rize the a c tio ns an d a p propriations necessar y to m eet the o bl i g ations o f the U nited S tates under the A gree - ment and this subtitle .SEC.108 0 3 . D E FIN I T I O NS. I n this subtitle ( 1 )A GRE E M E NT . —T he term ‘ ‘Agreement ’ ’ means the agree- ment entitled the ‘‘Agreement to E stablish the R elati v e W ater Rights of the Shoshone- P aiute Tribes of the D uc kV alley Res- ervation and the Upstream Water Users , East F ork Ow yhee River’’ and signed in counterpart between, on, or about Sep- tember 2 2,2 0 06, and J anuary 1 5, 200 7 (including all attach- ments to that Agreement). (2) DE V E LOP MENT FU N D .—The term ‘‘Development Fund’’ means the Shoshone-Paiute Tribes Water Rights Development Fund established by section 10 8 07(b)(1). ( 3 )E AS T FOR K OFT H EO WY HEE R I VER.—The term ‘‘East Fork of the Owyhee River’’ means the portion of the east fork of the Owyhee River that is located in the State. ( 4 ) M AINTENAN C E FUND.—The term ‘‘Maintenance Fund’’ means the Shoshone-Paiute Tribes Operation and Maintenance Fund established by section 10807(c)(1). (5) RESERVATION.—The term ‘‘Reservation’’ means the Duck Valley Reservation established by the E x ecutive order dated April 16, 1877, as ad j usted pursuant to the Executive order dated May 4, 1886, and Executive order numbered 1222 and dated July 1, 1 9 10, for use and occupation by the Western Shoshones and the Paddy C ap B and of Paiutes. (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (7) STATE.—The term ‘‘State’’ means the State of N evada. (8) TRI B AL WATER RIGHTS.—The term ‘‘tribal water rights’’ means rights of the Tribes described in the Agreement relating to water, including groundwater, storage water, and surface water. (9) TRIBES.—The term ‘‘Tribes’’ means the Shoshone-Paiute Tribes of the Duck Valley Reservation. (10) UPSTREAM WATER USER.—The term ‘‘upstream water user’’ means a non-Federal water user that— (A) is located upstream from the Reservation on the East Fork of the Owyhee River and (B) is a signatory to the Agreement as a party to the East Fork of the Owyhee River adjudication. SEC. 1080 4 . AP P R O V A L, RATIFICATION, AND CONFIR M ATION OF A G REEMENT A U T H ORI Z ATION. (a) IN G ENERAL.—Except as provided in subsection (c) and except to the extent that the Agreement otherwise conflicts with provisions of this subtitle, the Agreement is approved, ratified, and confirmed. (b) SECRETARIAL AUTHORI Z ATION.—The Secretary is authorized and directed to execute the Agreement as approved by Congress. (c) E X CEPTION FOR TRIBAL WATER MARKETING.—Notwith- standing any language in the Agreement to the contrary, nothing in this subtitle authorizes the Tribes to use or authorize others to use tribal water rights off the Reservation, other than use for storage at Wild H orse Reservoir for use on tribal land and for


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 123STA T . 1 408PUBLIC LA W 111 – 11 —M A R .30, 200 9theal l oc at i o n o f265 ac r e feet to ups trea mw ater users un d er the Ag reement , or use on tri b al land off the R eser v ation .( d )ENVIRO N ME N TALC OM P LIAN C E. — E x ecution of the Agreement b y the S ecretary under this section shall not constitute ma j or F ed - eral action under the N ational Environmental P olicy Act ( 4 2 U .S.C. 4 3 2 1 et se q .). T he Secretary shall carry out all environmental compliance required by Federal law in implementing the Agree- ment. (e) PER F ORMANCE OF OB LI G ATION S .—The Secretary and any other head of a Federal agency obligated under the Agreement shall perform actions necessary to carry out an obligation under the Agreement in accordance with this subtitle. SEC.108 0 5 . TRIBALW ATER RI GH TS. (a) I N G ENERAL.—Tribal water rights shall be held in trust by the United States for the benefit of the Tribes. (b) A D MINISTRATION.— (1) ENACTMENT OF W ATER CODE.—Not later than 3 years after the date of enactment of this Act, the Tribes, in accordance with provisions of the Tribes ’ constitution and subject to the approval of the Secretary, shall enact a water code to administer tribal water rights. (2) INTERIM ADMINISTRATION.—The Secretary shall regulate the tribal water rights during the period beginning on the date of enactment of this Act and ending on the date on which the Tribes enact a water code under paragraph (1). (c) TRIBAL W ATER RIG H TSNOTS U B J ECT TO L OSS.—The tribal water rights shall not be subject to loss by abandonment, forfeiture, or nonuse. SEC. 1080 6 . DU C KV ALLE Y I N DIAN IRRIGATI O N P RO J ECT. (a) STATUS OF THE D UC KV ALLE Y INDIAN IRRIGATION PROJECT.— Nothing in this subtitle shall affect the status of the Duc k Valley Indian Irrigation Project under Federal law. (b) CAPITAL COSTS NONREIMBURSABLE.—The capital costs asso- ciated with the Duck Valley Indian Irrigation Project as of the date of enactment of this Act, including any capital cost incurred with funds distributed under this subtitle for the Duck Valley Indian Irrigation Project, shall be nonreimbursable. SEC. 1080 7 . DEVELOP M ENT AND MAINTENANCE F UNDS. (a) DEFINITION OF FUNDS.—In this section, the term ‘ ‘Funds’’ means— (1) the Development Fund and (2) the M aintenance Fund. (b) DEVELOPMENT FUND.— (1) ESTABLISHMENT.—There is established in the Treasury of the United States a fund to be known as the ‘‘Shoshone- Paiute Tribes Water Rights Development Fund’’. (2) USE OF FUNDS.— (A) PRIORITY USE OF FUNDS FOR REHABILITATION.— The Tribes shall use amounts in the Development Fund to— (i) rehabilitate the Duck Valley Indian Irrigation Project; or (ii) for other purposes under subparagraph ( B ), provided that the Tribes have given written notification to the Secretary that— Notif i ca tio n.Regul ation s . T i m e p e r io d. D eadline.


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 123STA T . 1 409PUBLIC LA W 111 – 11 —M A R .30, 2009 (I)theDuckVal le y I ndi anI r ri g ati o n P ro j ect ha sb een rehabilitated to an acce p table condition or (II) su f ficient funds w ill re m ain a v ailable from the Development F und to rehabilitate the Duck Valley Indian Irrigation Project to an acceptable condition after e x pending funds for other purposes under subparagraph ( B ) . (B) OTHERUS ES OF FU ND S. — Once the T ribes have pro - vided written notification as provided in subparagraph ( A )(ii)(I) or (A)(ii)(II) , the Tribes may use amounts from the Development Fund for any of the following purposes (i) To expand the Duck Valley Indian Irrigation Project. (ii) To pay or reimburse costs incurred by the Tribes in ac q uiring land and water rights. (iii) For purposes of cultural preservation. (iv) To restore or improve fish or wildlife habitat. (v) For fish or wildlife production, water resource development, or agricultural development. (vi) For water resource planning and development. (vii) To pay the costs of— (I) designing and constructing water supply and sewer systems for tribal communities, including a water quality testing laboratory; (II) other appropriate water-related projects and other related economic development projects; (III) the development of a water code; and (IV) other costs of implementing the Agree- ment. ( 3 ) AUTHOR IZA TION OF A P PROPRIATIONS.—There is author- i z ed to be appropriated to the S ecretary for deposit in the Development Fund $9, 0 00,000 for each of fiscal years 2 0 1 0 through 201 4 . (c) M AINTENAN C E FUND.— (1) E STA BL ISH M ENT.—There is established in the Treasury of the U nited States a fund to be known as the ‘ ‘Shoshone- Paiute Tribes Operation and Maintenance Fund ’ ’. (2) USE OF FUNDS.—The Tribes shall use amounts in the Maintenance Fund to pay or provide reimbursement for— (A) operation, maintenance, and replacement costs of the Duck Valley Indian Irrigation Project and other water- related projects funded under this subtitle; or (B) operation, maintenance, and replacement costs of water supply and sewer systems for tribal communities, including the operation and maintenance costs of a water quality testing laboratory. (3) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to the Secretary for deposit in the Maintenance Fund $3,000,000 for each of fiscal years 2010 through 2014. (d) A V AILABILIT Y OF AMOUNTS FROM FUNDS.—Amounts made available under subsections (b)(3) and (c)(3) shall be available for expenditure or withdrawal only after the effective date described in section 10 8 08(d). (e) ADMINISTRATION OF FUNDS.—Upon completion of the actions described in section 10808(d), the Secretary, in accordance with


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 123STA T . 1 4 1 0PUBLIC LA W 111 – 11 —M A R .30, 200 9theAm e ricanI n d ian T r us t F und M ana g ement R e fo rm Act of 19 9 4(25U.S . C . 4 0 01etse q . ) sha l l manage the Funds , including by in v esting amounts from the Funds in accordance w ith the Act ofA p ril1,1 8 80 (25 U.S.C. 1 6 1), and the first section of the Act of J une 24, 19 3 8 (25 U.S.C. 162a). (f) EXPENDITUR E SA ND W IT H DRA W A L . — (1) TRI B AL M ANA G EMENT PLAN.— (A) IN GENERAL.—The Tribes may withdraw all or part of amounts in the Funds on approval by the Secretary of a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). ( B )RE Q UIREMENTS.—In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall require that the Tribes spend any amounts withdrawn from the Funds in accordance with the purposes described in subsection (b)(2) or (c)(2). (C) EN FO R C EMENT.—The Secretary may ta k e j udicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts with - drawn from the Funds under the plan are used in accord- ance with this subtitle and the Agreement. ( D ) L IABILIT Y .—If the Tribes e x ercise the right to with- draw amounts from the Funds, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amounts. (2) EXPENDITURE PLAN.— (A) IN GENERAL.—The Tribes shall submit to the Sec- retary for approval an expenditure plan for any portion of the amounts in the Funds that the Tribes do not with- draw under the tribal management plan. (B) DESCRIPTION.—The expenditure plan shall describe the manner in which, and the purposes for which, amounts of the Tribes remaining in the Funds will be used. (C) APPRO V AL.— O n receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle and the Agreement. (D) ANNUAL REPORT.—For each Fund, the Tribes shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. (3) FUNDING AGREEMENT.— N otwithstanding any other provision of this subtitle, on receipt of a request from the Tribes, the Secretary shall include an amount from funds made available under this section in the funding agreement of the Tribes under title I V of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.), for use in accordance with subsections (b)(2) and (c)(2). No amount made available under this subtitle may be requested until the waivers under section 10808(a) take effect. (g) NO P ER CAPITA PAYMENTS.—No amount from the Funds (including any interest income that would have accrued to the Funds after the effective date) shall be distributed to a member of the Tribes on a per capita basis.


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 123STA T . 1 4 11 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.108 08. TRIBALW AI V ERA ND RELEASE OF CLAI M S. (a)WAIVER A NDR E L EA S E OFC LAI M S BYT RIBES AND U NI T ED S TATES AC TIN G AS TR U STEE FOR TRIBES .—Inretu rn fo rre c o g n i tion oft h e Tri b e s’w ater rights an d other benefits as set forth in the Agree m ent and this subtit l e , the Tribes, on behalf of themsel v es and their members, and the United States acting in its ca p acit y as trustee for the Tribes are authori z edtoe x ecute a waiver and release of— ( 1 ) all claims for water rights in the State of N evada that the Tribes, or the United States acting in its capacity as trustee for the Tribes, asserted, or could have asserted, in any proceeding, including pending proceedings before the Nevada State E ngineer to determine the extent and nature of the water rights of the Tribes in the East F or k of the O wyhee River in Nevada, up to and including the effective date, except to the extent that such rights are recognized in the Agreement or this subtitle and ( 2 ) all claims for damages, losses or in j uries to water rights or claims of interference with, diversion or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within the State of Nevada that accrued at any time up to and including the effective date. (b) WAIVER AND RELEASE OF CLAIMS BY TRIBES AGAINST UNITED STATES.—The Tribes, on behalf of themselves and their members, are authorized to execute a waiver and release of— (1) all claims against the United States, its agencies, or employees, relating in any manner to claims for water rights in or water of the States of Nevada and Idaho that the United States acting in its capacity as trustee for the Tribes asserted, or could have asserted, in any proceeding, including pending proceedings before the Nevada State Engineer to determine the extent and nature of the water rights of the Tribes in the East Fork of the Owyhee River in Nevada, and the Snake River B asin Adjudication in Idaho; (2) all claims against the United States, its agencies, or employees relating in any manner to damages, losses, or injuries to water, water rights, land, or other resources due to loss of water or water rights (including damages, losses or injuries to fishing and other similar rights due to loss of water or water rights; claims relating to interference with, diversion or taking of water; or claims relating to failure to protect, ac q uire, replace, or develop water, water rights or water infrastructure) within the States of Nevada and Idaho that first accrued at any time up to and including the effective date; ( 3 ) all claims against the United States, its agencies, or employees relating to the operation, maintenance, or rehabilita - tion of the D uck V alley Indian Irrigation P roject that first accrued at any time up to and including the date upon which the Tribes notify the Secretary as provided in section 1 08 0 7 (b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley Indian Irrigation Project under this subtitle to an acceptable level has been accomplished; ( 4 ) all claims against the United States, its agencies, or employees relating in any manner to the litigation of claims relating to the Tribes’ water rights in pending proceedings


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 123STA T . 1 4 12 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9befor e th e N e vad a S tate Engi neer to deter m ine the e x tent and nat u re of the w ater right s of the T ribes in the East F or k of the O w y hee R iver in Nevada or the Snake River B asin A d j udi c ation in I daho and (5) a l l claims against the U nited States , its agencies, or em p loyees relating in any manner to the negotiation, execution, or adoption of the Agreement, exhibits thereto, the decree referred to in subsection (d)( 2 ), or this subtitle . (c) R ES E RVATION O F RI GH TS AN D RETENTION OF CL AI M S. — Not - withstanding the waivers and releases authori z ed in this subtitle, the Tribes on their own behalf and the United States acting in its capacity as trustee for the Tribes retain— ( 1 ) all claims for enforcement of the Agreement, the decree referred to in subsection (d)(2), or this subtitle, through such legal and e q uitable remedies as may be available in the decree court or the appropriate Federal court; (2) all rights to acquire a water right in a State to the same extent as any other entity in the State, in accordance with State law, and to use and protect water rights acquired after the date of enactment of this Act; ( 3 ) all claims relating to activities affecting the quality of water including any claims the Tribes might have under the Comprehensive Environmental Response, Compensation, and L iability Act of 1 980 ( 4 2 U.S.C. 9 6 01 et seq.) (including claims for damages to natural resources), the Safe D rinking W ater Act (42 U.S.C. 300f et seq.), the Federal Water P ollution Control Act (33 U.S.C. 1251 et seq.), and the regulations imple- menting those Acts; and (4) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this subtitle. (d) EFFE C TIVE DATE.—Notwithstanding anything in the Agree- ment to the contrary, the waivers by the Tribes, or the United States on behalf of the Tribes, under this section shall take effect on the date on which the Secretary publishes in the Federal Register a statement of findings that includes a finding that— (1) the Agreement and the waivers and releases authorized and set forth in subsections (a) and (b) have been executed by the parties and the Secretary; (2) the Fourth J udicial District Court, Elko County, Nevada, has issued a judgment and decree consistent with the Agreement from which no further appeal can be taken; and (3) the amounts authorized under subsections (b)(3) and (c)(3) of section 1080 7 have been appropriated. (e) FAIL U RETOPU B LISH STATEMENT OF FINDINGS.—If the Sec- retary does not publish a statement of findings under subsection (d) by M arch 31, 2016— (1) the Agreement and this subtitle shall not take effect; and (2) any funds that have been appropriated under this sub- title shall immediately revert to the general fund of the United States Treasury. (f) TOLLING OF CLAIMS.— (1) IN GENERAL.—Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the date on which Timep e r i od.R e v er s io n. D e a d l ine. F ederal Re g is t er , p ub li c ation.


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 123STA T . 1 4 13 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9theamoun t s autho riz e d to b ea p propriated under subse c tions ( b ) ( 3 ) and (c)(3) o f section 108 0 7 are appropriated . ( 2 ) EF F ECTO F SUBPAR A G RAP H . —N othin g in this subpara - graph re v ives an y c l aim or tolls any period of limitation or time-based e q uitable defense that e x pired before the date of enactment of this A ct. SEC.108 0 9 . MI SCE L L AN E OU S. (a) G E N ERA LDI SCLAI M ER.— T he parties to the Agreement expressly reserve all rights not specifically granted , recognized, or relinquished by— (1) the settlement described in the Agreement or (2) this subtitle. (b) L IMITATION OF C LAIMS AN DR IGHTS.—Nothing in this sub- title— (1) establishes a standard for quantifying— (A) a F ederal reserved w ater right; ( B ) an aboriginal claim; or (C) any other water right claim of an I ndian tribe ina j udicial or administrative proceeding; (2) affects the ability of the U nited S tates, acting in its sovereign capacity, to ta k e actions authorized by law, including any laws relating to health, safety, or the environment, including the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1 9 80( 4 2 U.S.C. 9 6 01 et seq.), the Safe Drinking W ater Act (42 U.S.C. 300f et seq.), the Federal Water P ollution Control Act (33 U.S.C. 12 5 1 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ‘ ‘Resource Conservation and Recovery Act of 1976 ’ ’), and the regulations implementing those Acts; (3) affects the ability of the United States to take actions, acting in its capacity as trustee for any other Tribe, Pueblo, or allottee; (4) waives any claim of a member of the Tribes in an individual capacity that does not derive from a right of the Tribes; or (5) limits the right of a party to the Agreement to litigate any issue not resolved by the Agreement or this subtitle. (c) ADMISSION AGAINST INTEREST.—Nothing in this subtitle con- stitutes an admission against interest by a party in any legal proceeding. (d) RESER V ATION.—The Reservation shall be— (1) considered to be the property of the Tribes; and (2) permanently held in trust by the United States for the sole use and benefit of the Tribes. (e) J URISDICTION.— (1) SUB J ECT MATTER JURISDICTION.—Nothing in the Agree- ment or this subtitle restricts, enlarges, or otherwise determines the subject matter jurisdiction of any Federal, State, or tribal court. (2) CIVIL OR REGULATOR Y JURISDICTION.—Nothing in the Agreement or this subtitle impairs or impedes the exercise of any civil or regulatory authority of the United States, the State, or the Tribes. (3) CONSENT TO JURISDICTION.—The United States consents to jurisdiction in a proper forum for purposes of enforcing the provisions of the Agreement.


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 123STA T . 1 4 14 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(4)EF F ECTO F SUB SECT I O N.—Nothing in thi s s ub s ec tion con f e r s j uris d iction on a n yS tate court to— ( A ) inter p ret F edera l la w regarding the health , safety, or the en v iron m ent or determine the duties of the U nited States or other parties pursuant to such Federal law or ( B ) conduct judicial review of a Federal agency action. TI T LEX I —UN ITE DS T A TES G E O LOGI -C AL SU RV E Y AUT H ORI Z ATIONS SEC.1 1 0 01. R E AUTHO R IZ ATIO N O F THE NATIONA LG EOLOGIC M A P- PING ACT OF 1 9 9 2 . (a) FIN D IN G S.—Section 2 (a) of the National G eologic M apping Act of 19 92 (4 3 U.S. C . 31a(a)) is amended— (1) by stri k ing paragraph (1) and inserting the following

‘(1) although significant progress has been made in the production of geologic maps since the establishment of the national cooperative geologic mapping program in 1992, no modern, digital, geologic map e x ists for approximately 75 per - cent of the United States; ’ ’; and (2) in paragraph (2)— (A) in subparagraph (C), by inserting ‘‘homeland and’’ after ‘‘planning for’’; (B) in subparagraph (E), by striking ‘‘predicting’’ and inserting ‘‘identifying’’; (C) in subparagraph ( I ), by striking ‘‘and’’ after the semicolon at the end; ( D ) by redesignating subparagraph ( J ) as subparagraph ( K ); and (E) by inserting after subparagraph (I) the following: ‘‘(J) recreation and public awareness; and’’; and (3) in paragraph (9), by striking ‘‘important’’ and inserting ‘‘available’’. (b) P U RP OSE.—Section 2(b) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ‘‘and manage- ment’’ before the period at the end. (c) DE A D L INES FOR ACTIONS B Y T H E UNITED STATES GEOLOGICAL SUR V EY.—Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second sentence— (1) in subparagraph (A), by striking ‘‘not later than’’ and all that follows through the semicolon and inserting ‘‘not later than 1 year after the date of enactment of the O mnibus Public L and Management Act of 2 0 09;’’; (2) in subparagraph (B), by striking ‘‘not later than’’ and all that follows through ‘‘in accordance’’ and inserting ‘‘not later than 1 year after the date of enactment of the Omnibus Public Land Management Act of 2009 in accordance’’; and (3) in the matter preceding clause (i) of subparagraph (C), by striking ‘‘not later than’’ and all that follows through ‘‘submit’’ and inserting ‘‘submit biennially’’. (d) GEOLOGIC MAPPING PROGRA M OB J ECTIVES.—Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is amended— (1) by striking ‘‘geophysical-map data base, geochemical- map data base, and a’’; and (2) by striking ‘‘provide’’ and inserting ‘‘provides’’.


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 123STA T . 1 4 1 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(e)GEOL O GICMAP PI N G PR OGRA MC OMPONEN TS.—S e ction4 ( d )( 1 )( B )(ii) o f t h e Na tiona l Geolo g ic Ma p ping A ctof1 9 9 2 (4 3U .S.C. 31c(d)(1)(B)(ii)) i s a m ended— (1)ins ub clause ( I ) , b y st r i k ing ‘ ‘and ’ ’ after the semicolon at the end (2) in subclause (II), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the follo w ing ‘‘(III) the needs of land management agencies of the D epartment of the Interior.’’. (f) GEOLOGIC MAPPING A DV ISOR Y COMMITTEE.— (1) MEM B ERS H IP.—Section 5 (a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended— (A) in paragraph (2)— (i) by inserting ‘‘the Secretary of the Interior or a designee from a land management agency of the Department of the Interior,’’ after ‘‘Administrator of the E n v ironmental Protection Agency or a designee,’’; (ii) by inserting ‘‘and’’ after ‘‘Energy or a designee,’’; and (iii) by striking ‘‘, and the Assistant to the Presi - dent for Science and T echnology or a designee’’; and (B) in paragraph (3)— (i) by striking ‘‘Not later than’’ and all that follows through ‘‘consultation’’ and inserting ‘‘In consultation’’; (ii) by striking ‘‘Chief Geologist, as Chairman’’ and inserting ‘‘Associate Director for Geology, as Chair’’; and (iii) by striking ‘‘one representative from the pri- vate sector’’ and inserting ‘‘2 representatives from the private sector’’. (2) D U TIES.—Section 5(b) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)) is amended— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ‘‘(3) provide a scientific overview of geologic maps (including maps of geologic-based ha z ards) used or disseminated by F ed- eral agencies for regulation or land-use planning; and’’. (3) CON F ORMING AMENDMENT.—Section 5(a)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended by striking ‘‘1 0 -member’’ and inserting ‘‘11- member’’. (g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.—Sec- tion 7 (a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31f(a)) is amended— (1) in paragraph (1), by striking ‘‘geologic map’’ and inserting ‘‘geologic-map’’; and (2) in paragraph (2), by striking subparagraph (A) and inserting the following: ‘‘(A) all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the Federal, State, and education components;’’. (h) BIENNIAL R EPORT.—Section 8 of the National Geologic Map- ping Act of 1992 (43 U.S.C. 31g) is amended by striking ‘‘Not later’’ and all that follows through ‘‘biennially’’ and inserting ‘‘Not


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 123STA T . 1 4 1 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9later t h a n3y ear s a f ter the d ate o f ena c t m ent of the O mn ibu s P ublic L and M ana g ement A ct of 20 0 9 and biennially ’ ’ .( i ) A UTHORIZA TIO N O F A P PROPRIATION S; A L LO C ATION. —S ection 9ofthe N ational G eologic Ma p ping Act of 1 992 ( 4 3 U .S. C . 31h) is amended— (1) by stri k ing subsection (a) and inserting the follo w ing

‘(a) I NG E NERAL.— T here is authori z ed to be appropriated to carry out this Act $6 4, 000,000 for each of fiscal years 2009 through 201 8 .’’; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘2000’’ and inserting ‘‘200 5 ’’; ( B ) in paragraph (1), by striking ‘‘48’’ and inserting ‘‘50’’; and (C) in paragraph (2), by striking 2 and inserting ‘‘4’’. SEC.1 1 0 0 2 . N E WM E XI C O W AT E R RESO U RCES STU DY . (a) IN GENERAL.—The Secretary of the Interior, acting through the D irector of the United States Geological Sur v ey (referred to in this section as the ‘‘Secretary’’), in coordination with the State of New Me x ico (referred to in this section as the ‘‘State’’) and any other entities that the Secretary determines to be appropriate (including other F ederal agencies and institutions of higher edu - cation), shall, in accordance with this section and any other applicable law, conduct a study of water resources in the State, including— (1) a survey of groundwater resources, including an analysis of— (A) a q uifers in the State, including the quantity of water in the aquifers; (B) the availability of groundwater resources for human use; (C) the salinity of groundwater resources; (D) the potential of the groundwater resources to recharge; ( E ) the interaction between groundwater and surface water; (F) the susceptibility of the aquifers to contamination; and (G) any other relevant criteria; and (2) a characterization of surface and bedrock geology, including the effect of the geology on groundwater yield and quality. (b) STU DY AREAS.—The study carried out under subsection (a) shall include the Estancia Basin, Salt Basin, Tularosa Basin, H ueco Basin, and middle R io Grande Basin in the State. (c) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes the results of the study. (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section.


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 123STA T . 1 4 1 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9TI T LEX II —OC E ANS S ubti t le A—O c e an E xp l or ation PARTI—EX P LO RATIO NSEC.120 01. PUR P O SE. Thepur p os eo ft h i sp a rt is to esta bl ish the n ational o c ean e x ploration pro g ra m an d the national undersea research program w ithin the N ational O ceanic and A tmospheric Administration . SEC. 12002. PRO G R AM ES T A BLI S H E D . The Administrator of the National Oceanic and Atmospheric Administration shall , in consultation with the National S cience F oundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collabora - tion with other Federal ocean and undersea research and explo- ration programs. To the extent appropriate, the Administrator shall see k to facilitate coordination of data and information management s y stems, outreach and education programs to impro v e public under- standing of ocean and coastal resources, and development and transfer of technologies to facilitate ocean and undersea research and exploration. SEC. 1200 3 .PO W ERS A N D DUTIES O F THE ADMINISTRATOR. ( a )INGE NE RAL . — In carrying out the program authori z ed by section 120 02, the Administrator of the National Oceanic and Atmospheric Administration shall— (1) conduct interdisciplinary voyages or other scientific activities in con j unction with other Federal agencies or aca- demic or educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings (2) give priority attention to deep ocean regions, 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 voyages to locate, define, and docu- ment historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceano- graphic sciences; ( 4 ) develop and implement, in consultation with the National Science Foundation, 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 B oard established under section 1200 5 (5) enhance the technical capability of the U nited 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 ( 6 ) establish an ocean exploration forum to encourage part- nerships and promote communication among experts and other 3 3 USC 3 40 3 . 33 USC 340 2 . 33 USC 340 1.


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 123STA T . 1 4 1 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9stakehold e r s in order to enhan c e the scienti f ic and technical e xp ertise and rele v ance of the national pro g ra m.(b)DONATI ON S . —T he A dministrator ma y accept donations of property , data, and e qu ipment to be applied for the purpose of exploring the oceans or increasing kno w ledge of the oceans. SEC.120 0 4 . O CE AN E XPL O R A TI ON AN DU NDERSEA RESEARC H TECH - NOLO GY AND IN F RASTRUCTURE TAS K FORCE. (a) I N GE NE R A L .—The Administrator of the N ational O ceanic and Atmospheric Administration, in coordination with the National S cience F oundation, the National Aeronautics and Space Adminis - tration, the U nited States Geological Survey, the Department of the Navy, the M ineral Management Service, and relevant govern- mental, non-governmental, academic, industry, and other experts, shall convene an ocean exploration and undersea research tech- nology and infrastructure task force to develop and implement a strategy— ( 1 ) to facilitate transfer of new exploration and undersea research technology to the programs authori z ed under this part and part II of this subtitle ( 2 ) to improve availability of communications infrastruc- ture, including satellite capabilities, to such programs; ( 3 ) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by such programs available for research and management pur- poses; ( 4 ) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in con j unction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Founda- tion, and other agencies; and ( 5 ) to encourage cost-sharing partnerships with govern- mental and nongovernmental entities that will assist in transferring exploration and undersea research technology and technical expertise to the programs. (b) BUDG ET C OORDINATION.—The task force shall coordinate the development of agency budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a). SEC. 1200 5 . OCEAN EXPLORATION AD V ISORY B OARD. (a) E STA B LIS HM ENT.—The Administrator of the National Oce- anic and Atmospheric Administration shall appoint an Ocean Explo- ration Advisory Board composed of experts in relevant fields— (1) to advise the Administrator on priority areas for survey and discovery; (2) to assist the program in the development of a 5-year strategic plan for the fields of ocean, marine, and Great L akes science, exploration, and discovery; (3) to annually review the quality and effectiveness of the proposal review process established under section 12 0 03(a)(4); and (4) to provide other assistance and advice as requested by the Administrator. (b) FEDERAL AD V ISOR Y COMMITTEE A C T.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board appointed under subsection (a). 3 3 USC 3 405.Establi s hmen t. St r ate g i cp lan. 33 USC 3404.


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 123STA T . 1 4 1 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (c)AP P LICAT I ONW IT HOU T ERC ONTINENTAL S HEL FL AN DS ACT .—Nothing in par t su p e rse d es , or l i m its the authorit y o f the Secretary of the I nterior under the Outer Continental Shelf Lands Act ( 43U .S.C. 1 331 et se q .). SEC.120 0 6 . AUTHORIZ ATIO N O F A P PROPRIATIONS. T here are authori z ed to b e appropriated to the National Oceanic and Atmospheric Administration to carry out this part— (1) $ 33, 5 5 0 ,000 for fiscal year 2 00 9; (2) $3 6 ,905,000 for fiscal year 2010; (3) $40,596,000 for fiscal year 2011; (4) $44,655,000 for fiscal year 2012; (5) $49,121,000 for fiscal year 2013; (6) $54,033,000 for fiscal year 2014; and ( 7 ) $59,436,000 for fiscal year 2015. PARTI I —NO AA U N DE R S EA RESEAR CH PRO G RA M ACT O F20 0 9 SEC. 12101. SHORT TIT L E. This part may be cited as the ‘ ‘NOAA Undersea R esearch P rogram Act of 2009 ’ ’. SEC. 12102. PRO G RA M ESTA B LISHE D . (a) IN G ENERAL.—The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a D irector of that program. (b) PURPOSE.—The purpose of the program is to increase sci - entific k no w ledge essential for the informed management, use, and preser v ation of oceanic, marine, and coastal areas and the Great Lakes. SEC. 1210 3 .PO W ERS OF PROGRAM DIRECTOR. The Director of the program, in carrying out the program, shall— (1) cooperate with institutions of higher education and other educational marine and ocean science organizations, and shall make available undersea research facilities, equipment, technologies, information, and e x pertise to support undersea research efforts by these organizations; (2) enter into partnerships, as appropriate and using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry; and (3) coordinate the development of agency budgets and iden- tify the items in their annual budget that support the activities described in paragraphs (1) and (2). SEC. 1210 4 . ADMINISTRATI V E STRUCTURE. (a) IN GENERAL.—The program shall be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant National Oceanic and Atmospheric Administration regions, and the National Institute for Undersea Science and Technology. (b) DIRECTION.—The Director shall develop the overall direction of the program in coordination with a Council of Center Directors comprised of the directors of the extramural regional centers and Deadlin e s.F ede r al R e g is t er ,pub li c ati o n. P ublic co m ment. 3 3 USC 3 42 3. 33 USC 3422. 33 USC 342 1 . NOA A Undersea Researc h Program Act o f 2 0 0 9 . 33 USC 3401 note. 33 USC 340 6.


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 123STA T . 1 4 2 0PUBLIC LA W 111 – 11 —M A R .30, 200 9theNa t ion a lI n s tit u te f o rU n d ersea Sc ience and T echnolo gy. The D irector shall p u b lish a draft progra m direction document not later than 1 year after the date of enactment of this A ct in the F ederal R egister for a public comment period of not less than 1 20 days. The Director shall publish a final program direction , including responses to the comments recei v ed during the public comment period, in the Federal Register w ithin 9 0 days after the close of the comment period. The program director shall update the program direction, with opportunity for public comment, at least every 5 years. SEC.12 1 05 . R ESE A RC H, E XPLO RA TI O N ,E DU CATION, AND TECHNOLO GY PROGRA M S. ( a ) I NGE NE RAL . — The following research, e x ploration, edu - cation, and technology programs shall be conducted through the networ k of regional centers and the National Institute for Undersea Science and Technology (1) C ore research and exploration based on national and regional undersea research priorities. (2) Advanced undersea technology development to support the National O ceanic and Atmospheric Administration ’ s research mission and programs. ( 3 ) Undersea science-based education and outreach pro- grams to enrich ocean science education and public awareness of the oceans and Great L akes. ( 4 ) Development, testing, and transition of advanced undersea technology associated with ocean observatories, submersibles, advanced diving technologies, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. (5) Discovery, study, and development of natural resources and products from ocean, coastal, and a q uatic systems. (b) O P ERA TIO N S .—The Director of the program, through oper- ation of the extramural regional centers and the National Institute for Undersea Science and Technology, shall leverage partnerships and cooperative research with academia and private industry. SEC. 1210 6 . COMPETITI V ENESS. (a) DIS C RETIONAR Y F U N D .—The P rogram shall allocate no more than 10 percent of its annual budget to a discretionary fund that may be used only for program administration and priority undersea research pro j ects identified by the Director but not covered by funding available from centers. (b) CO M PETITI V E SELECTION.—The Administrator shall conduct an initial competition to select the regional centers that will partici- pate in the program 90 days after the publication of the final program direction under section 12104 and every 5 years thereafter. Funding for projects conducted through the regional centers shall be awarded through a competitive, merit-reviewed process on the basis of their relevance to the goals of the program and their technical feasibility. SEC. 1210 7 . AUTHORI Z ATION O F APPROPRIATIONS. There are authori z ed to be appropriated to the National Oceanic and Atmospheric Administration— (1) for fiscal year 2009— 3 3 USC 3 426.Deadlin e s . 33 USC 342 5 . 33 USC 3424.


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 123STA T . 1 4 21 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)$13,750 ,000 forthe re gi o nalc enter s ,of w hich 50 p ercent shall b e for W est C oast regional centers an d 50 percent shall be for E ast Coast regional centers and ( B ) $5,500,000 for the N ational T echnolog yI nstit u te; ( 2 ) for fiscal year 2010 — (A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $ 6 ,050,000 for the National Technology Institute; (3) for fiscal year 2011— (A) $16,63 8 ,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $6,655,000 for the National Technology Institute; ( 4 ) for fiscal year 2012— (A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $7,321,000 for the National Technology Institute; (5) for fiscal year 2013— (A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $8,053,000 for the National Technology Institute; (6) for fiscal year 2014— (A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $8,85 9 ,000 for the National Technology Institute; and (7) for fiscal year 2015— (A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $9,744,000 for the National Technology Institute .Subti t leB—Oc e an an dCo a s tal M a p pin gI nteg r ation A ct SEC.12 2 0 1.S HORT T I T L E. This subtitle m ay be cited as the ‘ ‘ O cean and Coastal M apping Integration Act ’ ’. SEC. 12202. EST AB LISH M E N TO FP RO G RAM. (a) I NGE NE RAL .—The P resident, in coordination with the Inter - agency Committee on Ocean and Coastal Mapping and affected coastal states, shall establish a program to de v elop a coordinated and comprehensive F ederal ocean and coastal mapping plan for the Great L a k es and coastal state waters, the territorial sea, the e x clusive economic z one, and the continental shelf of the U nited S tates that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science. Presid e nt.3 3 USC 3 501 . 33 USC 3501 n o te. Oc e a n and Coasta lM a p pin gI ntegration A ct.


text: Dictionary of National Biography, 1885-1900/Montgomery, James (1771-1854)


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 123STA T . 1 4 22 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(b)MEMB E RSHIP.—TheCom m it tee s h al lbe c om pr ise d o f hi g h - le v el represe n tatives of the D epartment of Commerce , thro u gh the N ational O ceanic and A tmospheric Administration, the Department of the I nterior, the National S cience F oundation, the Department of Defense, the E nvironmental P rotection Agenc y , the Department of H omeland Security, the National Aeronautics and Space Adminis- tration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) PR OG R A M PARAME T ERS.—In developing such a program, the President, through the Committee, shall— ( 1 ) identify all Federal and federally-funded programs con- ducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, fre q uency, spatial coverage, resolu- tion, and sub j ect matter focus of the data and location of data archives ( 2 ) facilitate cost-effective, cooperative mapping efforts that incorporate policies for contracting w ith non-governmental enti- ties among all Federal agencies conducting ocean and coastal mapping, by increasing data sharing, developing appropriate data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data proc- essing, archiving, and distribution of data products; ( 3 ) facilitate the adaptation of e x isting technologies as well as foster expertise in new ocean and coastal mapping tech- nologies, including through research, development, and training conducted among Federal agencies and in cooperation with non-governmental entities; ( 4 ) develop standards and protocols for testing innovative experimental mapping technologies and transferring new tech- nologies between the Federal G overnment, coastal state, and non-governmental entities; ( 5 ) provide for the archiving, management, and distribution of data sets through a national registry as well as provide mapping products and services to the general public in service of statutory requirements; ( 6 ) develop data standards and protocols consistent with standards developed by the Federal Geographic Data Com- mittee for use by Federal, coastal state, and other entities in mapping and otherwise documenting locations of federally permitted activities, living and nonliving coastal and marine resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, offshore energy projects, and any areas designated for purposes of environmental protection or conservation and management of living and nonliving coastal and marine resources; ( 7 ) identify the procedures to be used for coordinating the collection and integration of Federal ocean and coastal mapping data with coastal state and local government programs; ( 8 ) facilitate, to the extent practicable, the collection of real-time tide data and the development of hydrodynamic models for coastal areas to allow for the application of V - datum tools that will facilitate the seamless integration of onshore and offshore maps and charts; ( 9 ) establish a plan for the acquisition and collection of ocean and coastal mapping data; and


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 123STA T . 1 4 23 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(10)setfor t ha t im eta bl e for c om p letio n an d implementa - tion of the plan .SEC.12 2 03 . INT E RAG ENC Y C OM MITTEE ON OCEAN AN D COASTA L MA P- PING. (a) INGE NE RAL . —T he A dministrator of the N ational O ceanic and Atmospheric Administration ,w ithin 3 0da y s after the date of enactment of this Act, shall con v ene or u tili z eane x istin g inter- agency committee on ocean and coastal mapping to implement section 1 2 202. (b) M E MB ER SHIP .—The committee shall be comprised of senior representatives from F ederal agencies with ocean and coastal map- ping and surveying responsibilities. The representatives shall be high-ran k ing officials of their respective agencies or departments and, whenever possible, the head of the portion of the agency or department that is most relevant to the purposes of this subtitle. Membership shall include senior representatives from the National Oceanic and Atmospheric Administration, the C hief of Naval Oper- ations, the U nited S tates Geological Survey, the Minerals Manage- ment Service, the National Science Foundation, the National Geospatial-Intelligence Agency, the United States Army Corps of E ngineers, the Coast Guard, the Environmental P rotection Agency, the Federal Emergency Management Agency, the National Aero- nautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) C O -CHAIRMEN.—The Committee shall be co-chaired by the representative of the D epartment of Commerce and a representative of the Department of the Interior. (d) S U B C OMMI T TEE.—The co-chairmen shall establish a sub- committee to carry out the day-to-day work of the Committee, comprised of senior representatives of any member agency of the committee. W orking groups may be formed by the full Committee to address issues of short duration. The subcommittee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairmen of the Committee may create such additional subcommittees and working groups as may be needed to carry out the work of Committee. (e) MEETIN G S.—The committee shall meet on a q uarterly basis, but each subcommittee and each working group shall meet on an as-needed basis. (f) COOR D INATION.—The committee shall coordinate activities when appropriate, with— (1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Com- mittee (2) international mapping activities; (3) coastal states; ( 4 ) user groups through workshops and other appropriate mechanisms; and ( 5 ) representatives of nongovernmental entities. (g) AD V ISOR Y PANEL.—The Administrator may convene an ocean and coastal mapping advisory panel consisting of representatives from non-governmental entities to provide input regarding activities of the committee in consultation with the interagency committee. SEC. 1220 4 . B IENNIAL REPORTS. No later than 1 8 months after the date of enactment of this Act, and biennially thereafter, the co-chairmen of the Committee 3 3 USC 3 50 3 .Deadlin e. Est a b lis hm ent. 33 USC 350 2.


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 123STA T . 1 4 24 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9shal l tr a n s mi tt o th eC ommittees on Commer c e ,S cience, an dT rans p ortation and E ner gy and N at u ral R esources o f the Senate and the Committee on Natural Resources of the H ouse of Represent - ati v es a report detailing progress made in implementing this su b - title, including —(1) an inventory of ocean and coastal mapping data w ithin the territorial sea and the e x clusive economic z one and through- out the Continental Shelf of the U nited States, noting the age and source of the survey and the spatial resolution (metadata) of the data ( 2 ) identification of priority areas in need of survey coverage using present technologies; ( 3 ) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished; ( 4 ) the status of efforts to produce integrated digital maps of ocean and coastal areas; ( 5 ) a description of any products resulting from coordinated mapping efforts under this subtitle that improve public under- standing of the coasts and oceans, or regulatory decisionma k ing; ( 6 ) documentation of minimum and desired standards for data ac q uisition and integrated metadata; ( 7 ) a statement of the status of F ederal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data; ( 8 ) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing, and distribution systems; ( 9 ) a statement of the status of efforts to declassify data gathered by the Navy, the National G eospatial- I ntelligence A gency, and other agencies to the extent possible without j eop- ardizing national security, and make it available to partner agencies and the public; (1 0 ) a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of M exico that will— (A) cover the area from the authorized coastal counties through the territorial sea; ( B ) identify how such a pilot project will leverage public and private mapping data and resources, such as the United States Geological Survey National Map, to result in an operational coastal change assessment program for the subregion; (11) the status of efforts to coordinate Federal programs with coastal state and local government programs and leverage those programs; (12) a description of efforts of Federal agencies to increase contracting with nongovernmental entities; and (13) an inventory and description of any new Federal or federally funded programs conducting shoreline delineation and ocean or coastal mapping since the previous reporting cycle .SEC.12 2 05 . PLAN . (a) I N G E NE RAL .—Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Committee, shall develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within the National O ceanic and Atmospheric Administration. Deadlin e .3 3 USC 3 504.


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 123STA T . 1 4 2 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(b)PLANREQUIR E M EN TS.—Theplans hall— ( 1 ) id en t i fy and des cr ibe all o cean and coastal m appin g programs w ithin the agency , incl u ding those that conduct map - ping or related acti v ities in the course of e x isting missions, such as hydrographic surveys, ocean exploration pro j ects, living marine resource conservation and management programs, coastal z one management projects, and ocean and coastal observations and science projects ( 2 ) establish priority mapping programs and establish and periodically update priorities for geographic areas in surveying and mapping across all missions of the N ational O ceanic and A tmospheric Administration, as well as minimum data ac q uisi- tion and metadata standards for those programs; ( 3 ) encourage the development of innovative ocean and coastal mapping technologies and applications, through research and development through cooperative or other agree- ments with joint or cooperative research institutes or centers and with other non-governmental entities; ( 4 ) document available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other F ederal agencies, coastal states, and non-governmental entities; ( 5 ) identify training, technology, and other resource require- ments for enabling the National Oceanic and Atmospheric Administration ’ s programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program; ( 6 ) identify a centralized mechanism or office for coordi- nating data collection, processing, archiving, and dissemination activities of all such mapping programs within the National Oceanic and Atmospheric Administration that meets Federal mandates for data accuracy and accessibility and designate a repository that is responsible for archiving and managing the distribution of all ocean and coastal mapping data to sim- plify the provision of services to benefit Federal and coastal state programs; and ( 7 ) set forth a timetable for implementation and completion of the plan, including a schedule for submission to the C ongress of periodic progress reports and recommendations for inte- grating approaches developed under the initiative into the inter- agency program. (c) NOAA JO INT O C EAN AN D COASTAL M A P PIN G CENTERS.— The Administrator may maintain and operate up to 3 joint ocean and coastal mapping centers, including a joint hydrographic center, which shall each be co-located with an institution of higher edu- cation. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this subtitle, including— (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the U nited S tates Outer Continental Shelf and other regions; (3) data processing for nontraditional data and uses; (4) advancing the use of remote sensing technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations, and ocean exploration; and


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 123STA T . 1 4 2 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(5)provid i ng gr a d u a te edu c ation and training in ocean and coa s ta lm apping sciences f or mem b ersoft h e N ational O ceanic and A tmospheric Administration C ommissioned Officer Corps , personnel of other agencies w ith ocean and coastal map - ping programs, and civilian personnel . (d) NOAA REPORT . —T he Administrator shall continue devel- oping a strateg y for e x panding contracting with non-governmental entities to minimi z e duplication and ta k e maximum advantage of nongovernmental capabilities in fulfilling the Administration ’ s map- ping and charting responsibilities. W ithin 120 days after the date of enactment of this Act, the Administrator shall transmit a report describing the strategy developed under this subsection to the Com- mittee on Commerce, S cience, and Transportation of the Senate and the Committee on Natural Resources of the H ouse of Represent- atives. SEC.12 2 06 .E F FEC TON OT H E RLAW S. Nothing in this subtitle shall be construed to supersede or alter the existing authorities of any F ederal agency with respect to ocean and coastal mapping. SEC. 1220 7 .A U THOR IZ ATION OF A P PROPRIATIONS. (a) ING ENER AL .—In addition to the amounts authorized by section 3 0 6 of the Hydrographic Services Improvement Act of 1 9 9 8 (33 U .S.C. 892d), there are authorized to be appropriated to the Administrator to carry out this subtitle— (1) $ 26,000,000 for fiscal year 2009 (2) $32,000,000 for fiscal year 2010; (3) $38,000,000 for fiscal year 2011; and ( 4 ) $45,000,000 for each of fiscal years 2012 through 2015. (b) J O I NTO C EAN AN D COA S TAL M APPIN G CENTERS.—Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 12205(c) of this subtitle (1) $11,000,000 for fiscal year 2009. (2) $12,000,000 for fiscal year 2010. (3) $13,000,000 for fiscal year 2011. (4) $15,000,000 for each of fiscal years 2012 through 2015. (c) COOPERATI V E AGREE M ENTS.—To carry out interagency activities under section 12203 of this subtitle, the head of any department or agency may execute a cooperative agreement with the Administrator, including those authorized by section 5 of the Act of August 6, 194 7 (33 U.S.C. 883e). SEC. 1220 8 . D EFINITIONS. In this subtitle: (1) ADMINISTRATOR.—The term ‘ ‘Administrator’ ’’ means the Administrator of the National Oceanic and Atmospheric Administration. (2) COASTAL STATE.—The term ‘‘coastal state’’ has the meaning given that term by section 304(4) of the Coastal Z one Management Act of 1972 (16 U.S.C. 1453(4). (3) COMMITTEE.—The term ‘‘Committee’’ means the Inter- agency Ocean and Coastal Mapping Committee established by section 12203. (4) EX CL U SIVE ECONOMIC Z ONE.—The term ‘‘exclusive eco- nomic zone’’ means the exclusive economic zone of the United States established by P residential Proclamation No. 5030, of March 10, 1983. 3 3 USC 3 507. 33 USC 350 6 . 33 USC 3505.


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 123STA T . 1 4 2 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(5)OCEAN AN D C O A ST A LM A P P I N G.—Thet e rm‘ ‘ oc e an an d coa s ta l ma p p i n g’ ’ means the ac qu isition , processing, and management o f ph y sical, b iological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acous - tics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies. ( 6 )TE R RITORIAL SEA.—The term ‘‘territorial sea’’ means the belt of sea measured from the baseline of the U nited S tates determined in accordance w ith international law, as set forth in P residential Proclamation N umber 5 928, dated D ecember 2 7, 1 988. (7) NONGO V ERNMENTAL ENTITIES.—The term ‘‘nongo v ern- mental entities’’ includes nongovernmental organi z ations, mem- bers of the academic community, and private sector organiza- tions that provide products and services associated with meas- uring, locating, and preparing maps, charts, surveys, aerial photographs, satellite imagines, or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the E arth. (8) O U TER CONTINENTAL S H EL F .—The term ‘‘Outer C onti- nental Shelf’’ means all submerged lands lying seaward and outside of lands beneath navigable waters (as that term is defined in section 2 of the Submerged L ands A ct( 43 U.S.C. 13 0 1)), and of which the subsoil and seabed appertain to the United States and are sub j ect to its jurisdiction and control. Subti t leC—In te gra te d C o a s tal and Oc ean Obser v ation S y ste mA cto f20 0 9SEC.1230 1.S HORT T I T L E. This subtitle may be cited as the ‘‘ I ntegrated Coastal and Ocean Observation System Act of 2009’’. SEC. 12302. PU RPOSES. The purposes of this subtitle are to— (1) establish a national integrated System of ocean, coastal, and G reat La k es observing systems, comprised of F ederal and non-Federal components coordinated at the national level by the National Ocean R esearch Leadership Council and at the regional level by a network of regional information coordination entities, and that includes in situ, remote, and other coastal and ocean observation, technologies, and data management and communication systems, and is designed to address regional and national needs for ocean information, to gather specific data on key coastal, ocean, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data to— (A) support national defense, marine commerce, navigation safety, weather, climate, and marine forecasting, energy siting and production, economic development, eco- system-based marine, coastal, and Great Lakes resource management, public safety, and public outreach training and education 3 USC 3 601.Integra te d C o a s ta l and Oc ean O b ser v at i on S y ste mA ct o f2 00 9 . 33 USC 3601 note.
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 123STA T . 1 4 2 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)prom o teg re a ter p ublic a w are n e s san d stewards h ip o f the N ation ’ s ocean , coastal, and G reat L a k es resources and the general public welfare and ( C ) enable ad v ances in scientific understanding to sup - port the sustainable use, conservation, management, and understanding of health y ocean, coastal, and Great Lakes resources; ( 2 ) improve the Nation’s capability to measure, track, e x plain, and predict events related directly and indirectly to weather and climate change, natural climate variability, and interactions between the oceanic and atmospheric environ- ments, including the Great Lakes; and ( 3 ) authori z e activities to promote basic and applied research to develop, test, and deploy innovations and improve- ments in coastal and ocean observation technologies, modeling systems, and other scientific and technological capabilities to improve our conceptual understanding of weather and climate, ocean-atmosphere dynamics, global climate change, physical, chemical, and biological dynamics of the ocean, coastal and Great Lakes environments, and to conserve healthy and restore degraded coastal ecosystems .SEC.1230 3. D E FIN I T I O NS. I n this subtitle ( 1 ) ADMIN I STRA T O R. —T he term ‘ ‘Administrator’’ means the U nder S ecretary of Commerce for O ceans and Atmosphere in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration. (2) CO U N C I L .—The term ‘‘Council’’ means the National Ocean R esearch Leadership Council established by section 790 2 of title 10, United States Code. (3) FE DERAL ASSETS.—The term ‘‘Federal assets’’ means all relevant non-classified civilian coastal and ocean observa- tions, technologies, and related modeling, research, data management, basic and applied technology research and development, and public education and outreach programs, that are managed by member agencies of the Council. ( 4 ) INTERA G ENC Y OCEAN O B SER V ATION COMMITTEE.—The term ‘‘Interagency Ocean Observation Committee’’ means the committee established under section 12304(c)(2). ( 5 ) NON- F EDERAL ASSETS.—The term ‘‘non-Federal assets’’ means all relevant coastal and ocean observation technologies, related basic and applied technology research and development, and public education and outreach programs that are integrated into the System and are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector. ( 6 ) REGIONAL INFORMATION COORDINATION ENTITIES.— (A) IN GENERAL.—The term ‘‘regional information coordination entity’’ means an organizational body that is certified or established by contract or memorandum by the lead Federal agency designated in section 12304(c)(3) of this subtitle and coordinates State, Federal, local, and private interests at a regional level with the responsibility of engaging the private and public sectors in designing, operating, and improving regional coastal and ocean observing systems in order to ensure the provision of data 3 3 USC 3 602.


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 123STA T . 1 4 2 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 andi n form a t ion t h atm e et the need s of u ser g rou p s from the respe c ti v e regions .(B)CERTAIN IN CLUD EDA S S O CIATIONS. —T he term ‘ ‘regiona l information coordination entit y’ ’ includes regional associations descri b ed in the S ystem P lan. ( 7 ) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of Commerce , acting through the N ational O ceanic and A tmospheric Administration. ( 8 ) SYSTE M .—The term ‘‘System’’ means the National I ntegrated Coastal and Ocean Observation System established under section 12304 . ( 9 ) SYSTEM P LAN.—The term ‘‘System Plan’’ means the plan contained in the document entitled ‘‘Ocean. U S Publication No. 9, The F irst Integrated Ocean Observing System (IOOS) D evelopment Plan’’, as updated by the Council under this sub - title. SEC.12304 . INT E GRA TE D C O ASTA L AND OCEAN O B SER V ING S Y STE M . (a) E STA B LIS H MENT.—The President, acting through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the purposes set forth in section 12302 of this subtitle and the System Plan and to fulfill the Nation’s international obligations to contribute to the G lobal Earth Observa- tion System of Systems and the Global Ocean Observing System. (b) SYSTEM ELEMENTS.— (1) IN G ENERAL.—In order to fulfill the purposes of this subtitle, the System shall be national in scope and consist of— (A) Federal assets to fulfill national and international observation missions and priorities (B) non-Federal assets, including a net w or k of regional information coordination entities identified under sub- section (c)(4), to fulfill regional observation missions and priorities; (C) data management, communication, and modeling systems for the timely integration and dissemination of data and information products from the System; (D) a research and development program conducted under the guidance of the Council, consisting of— (i) basic and applied research and technology development to improve understanding of coastal and ocean systems and their relationships to human activi- ties and to ensure improvement of operational assets and products, including related infrastructure, observing technologies, and information and data proc- essing and management technologies; and (ii) large scale computing resources and research to advance modeling of coastal and ocean processes. (2) ENHANCING ADMINISTRATION AND MANAGEMENT.—The head of each Federal agency that has administrative j urisdic- tion over a Federal asset shall support the purposes of this subtitle and may take appropriate actions to enhance internal agency administration and management to better support, integrate, finance, and utili z e observation data, products, and services developed under this section to further its own agency mission and responsibilities. Presid e nt.3 3 USC 3 60 3.


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 123STA T . 1 4 3 0PUBLIC LA W 111 – 11 —M A R .30, 200 9(3)AVAIL A B ILI TYOFD ATA .—The he adof ea c h F ede r a l a g e n c yt hat ha s ad mi nistrati v e ju risdiction over a Federal asset shall ma k e availa b le data that are p roduced by that asset and that are not other w ise restricted for integration , manage - ment, and dissemination by the S ystem. ( 4 ) N O N -F E DE R ALA S SETS.—Non-Federal assets shall be coordinated, as appropriate, by the I nteragency O cean Observing C ommittee or by regional information coordination entities. (c) P OLI C Y OVERSI GH T, AD M INISTRATION, AND R EGIONAL COORDINATION.— ( 1 )CO U NCIL FUNCTIONS.—The Council shall serve as the policy and coordination oversight body for all aspects of the System. In carrying out its responsibilities under this subtitle, the Council shall— (A) approve and adopt comprehensive System budgets developed and maintained by the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets ( B ) ensure coordination of the System with other domestic and international earth observing activities including the G lobal Ocean Observing System and the Global E arth Observing System of Systems, and provide, as appropriate, support for and representation on U nited States delegations to international meetings on coastal and ocean observing programs; and (C) encourage coordinated intramural and e x tramural research and technology development, and a process to transition developing technology and methods into oper- ations of the System. ( 2 ) INTERAGENCY OCEAN OBSERVATION COMMITTEE.—The Council shall establish or designate an Interagency Ocean Observation Committee which shall— (A) prepare annual and long-term plans for consider- ation and approval by the Council for the integrated design, operation, maintenance, enhancement and expansion of the System to meet the objectives of this subtitle and the System Plan; (B) develop and transmit to Congress at the time of submission of the President ’ s annual budget re q uest an annual coordinated, comprehensive budget to operate all elements of the System identified in subsection (b), and to ensure continuity of data streams from Federal and non-Federal assets; (C) establish required observation data variables to be gathered by both Federal and non-Federal assets and identify, in consultation with regional information coordina- tion entities, priorities for System observations; ( D ) establish protocols and standards for System data processing, management, and communication; (E) develop contract certification standards and compli- ance procedures for all non-Federal assets, including regional information coordination entities, to establish eligi- bility for integration into the System and to ensure compli- ance with all applicable standards and protocols established Stand a r d s.P r oce d u res. B ud g et. P l ans. E sta b l i s hm ent.


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 123STA T . 1 4 31 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9bytheCouncil,a n d en s u r e that re g ional obser v ations are integrated into the S yste m on a sustained basis identi f yga p s in observation coverage or needs for capital improvements of both Federal assets and non - Fed- eral assets; ( G ) sub j ect to the availability of appropriations, estab- lish through one or more participating Federal agencies, in consultation w ith the System advisory committee estab- lished under subsection (d), a competitive matching grant or other programs — (i) to promote intramural and e x tramural research and development of new, innovative, and emerging observation technologies including testing and field trials; and (ii) to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deploy- ment; ( H ) periodically review and recommend to the Council, in consultation with the A dministrator, revisions to the System P lan; ( I ) ensure collaboration among Federal agencies partici- pating in the activities of the Committee; and ( J ) perform such additional duties as the Council may delegate . ( 3 ) LEADF EDE R A L A G E NCY .— T he N ational O ceanic and Atmospheric Administration shall function as the lead Federal agency for the implementation and administration of the System, in consultation with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain portions of the System, and the regional information coordination entities, and shall— (A) establish an Integrated Ocean Observing Program Office within the National Oceanic and Atmospheric Administration utili z ing to the extent necessary, personnel from member agencies participating on the Interagency Ocean Observation Committee, to oversee daily operations and coordination of the System; ( B ) implement policies, protocols, and standards approved by the Council and delegated by the Interagency Ocean Observing Committee; (C) promulgate program guidelines to certify and integrate non-Federal assets, including regional informa- tion coordination entities, into the System to provide regional coastal and ocean observation data that meet the needs of user groups from the respective regions; ( D ) have the authority to enter into and oversee con- tracts, leases, grants or cooperative agreements with non- Federal assets, including regional information coordination entities, to support the purposes of this subtitle on such terms as the Administrator deems appropriate; ( E ) implement a merit-based, competitive funding process to support non-Federal assets, including the development and maintenance of a networ k of regional information coordination entities, and develop and imple- ment a process for the periodic review and evaluation of Contrac t s.G rants. G uidel ines. Certi f ication. Go v ern m ent or g ani z ation.
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 123STA T . 1 4 32 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9al l no n -Fed e r ala s se t s ,i n c l u din g regional in f or m ation coordination entities F )p ro v ide opportunities for competitive contracts and grants for demonstration pro j ects to design, develop, integrate, deplo y, and support components of t h e S ystem; ( G ) esta b lish efficient and effective administrative procedures for allocation of funds among contractors, grantees, and non-Federal assets, including regional information coordination entities in a timely manner, and contingent on appropriations according to the budget adopted by the C ouncil; ( H ) develop and implement a process for the periodic revie w and evaluation of regional information coordination entities; ( I ) formulate an annual process by which gaps in observation coverage or needs for capital improvements of Federal assets and non-Federal assets of the System are identified by the regional information coordination enti- ties, the A dministrator, or other members of the System and transmitted to the Interagency O cean Observing Com- mittee; ( J ) develop and be responsible for a data management and communication system, in accordance with standards and protocols established by the Council, by which all data collected by the System regarding ocean and coastal waters of the U nited States including the Great L a k es, are processed, stored, integrated, and made available to all end-user communities; ( K ) implement a program of public education and out- reach to improve public awareness of global climate change and effects on the ocean, coastal, and Great Lakes environ- ment; (L) report annually to the Interagency Ocean Observing Committee on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans developed pursuant to subsection (c)( 2 )(A)(i); and ( M ) develop a plan to efficiently integrate into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and which will fulfill the purposes of this subtitle and the System P lan . ( 4 ) REGIONAL IN F O RM A T ION C OOR D INATION ENTITIE S . — (A) IN GENERAL.— T o be certified or established under this subtitle, a regional information coordination entity shall be certified or established by contract or agreement by the Administrator, and shall agree to meet the certifi- cation standards and compliance procedure guidelines issued by the Administrator and information needs of user groups in the region while adhering to national standards and shall— (i) demonstrate an organi z ational structure capable of gathering re q uired System observation data, supporting and integrating all aspects of coastal and ocean observing and information programs within a region and that reflects the needs of State and local governments, commercial interests, and other users Certif i ca ti on. Contract s . Gu i d e l ines. P lans. R e p orts. D eadline. Pu b lic infor m ation.


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 123STA T . 1 4 33 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9andbe ne fic ia r ie so f th e Sy ste m and other re qu irements s p ecified under this subtit l e and the System P lan ii ) identify g aps in obser v ation coverage needs for capital improvements of F ederal assets and non - Federal assets of the System, or other recommenda- tions to assist in the development of the annual and long-term plans created pursuant to subsection (c)( 2 )( A )(i) and transmit such information to the I nter- agency O cean Observing C ommittee via the Program Office; (iii) develop and operate under a strategic oper- ational plan that w ill ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the Council; (iv) wor k cooperatively with governmental and non-governmental entities at all levels to identify and provide information products of the System for multiple users within the service area of the regional informa- tion coordination entities; and (v) comply with all financial oversight require- ments established by the Administrator, including requirements relating to audits . ( B )P ARTIC I P ATI ON . — For the purposes of this subtitle, employees of Federal agencies may participate in the func- tions of the regional information coordination entities. (d) S YS T EM A DV ISORY COMMITTEE.— ( 1 )IN G ENERA L .— T he Administrator shall establish or des- ignate a System advisory committee, which shall provide advice as may be requested by the Administrator or the Interagency Ocean Observing Committee. (2) P U RPOSE.—The purpose of the System advisory com- mittee is to advise the Administrator and the Interagency Ocean Observing Committee on— (A) administration, operation, management, and maintenance of the System, including integration of Fed- eral and non-Federal assets and data management and communication aspects of the System, and fulfillment of the purposes set forth in section 12 30 2; (B) e x pansion and periodic moderni z ation and upgrade of technology components of the System; (C) identification of end-user communities, their needs for information provided by the System, and the System ’ s effectiveness in disseminating information to end-user communities and the general public; and ( D ) any other purpose identified by the Administrator or the Interagency Ocean Observing Committee. (3) M EM B ERS.— (A) IN GENERAL.—The System advisory committee shall be composed of members appointed by the Administrator. Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the System, or use of data products provided through the System. (B) TERMS O F SERVICE.—Members shall be appointed for 3-year terms, renewable once. A vacancy appointment Establi s hmen t .