OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, for purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act. CONSTRUCTION For repair and modification of, and addition to, existing facilities and construction of new facilities, and for facility planning and design and land acquisition not otherwise provided for the National Oceanic and Atmospheric Administration, $58,250,000, to remain available until expended, of which $8,500,000 shall be available only for a grant to the University of New Hampshire for construction and related expenses for an environmental technology facility.
For expenses necessary for the repair, acquisition, leasing, or conversion of vessels, including related equipment to maintain and modernize the existing fleet and to continue planning the modernization of the fleet, for the National Oceanic and Atmospheric Administration, $8,000,000, to remain available until expended.
For carrying out the provisions of section 3 of Public Law 95-376, not to exceed $200,000, to be derived from receipts collected pursuant to subsections (b) and (f) of section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980), to remain available until expended.
For carrying out the provisions of title IV of Public Law 95-372, not to exceed $1,000,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. FOREIGN FISHING OBSERVER FUND For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), the Magnuson Fishery Conservation and Management Act of 1976, as amended (Public Law 100-627), and the American Fisheries Promotion Act (Public Law 96-561), to be derived from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $196,000, to remain available until expended.
For the cost of guaranteed loans, $250,000, as authorized by the Merchant Marine Act of 1936, as amended: Provided, that such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That none of the funds made available under this heading may be used to guarantee loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery.
OPERATIONS, RESEARCH, AND FACILITIES
(RESCISSION) Of the unobligated balances available under this heading, $20,000,000 are rescinded, GENERAL PROVISIONS-DEPARTMENT OF COMMERCE
SEC. 204. None of the funds provided in this or any previous Act, or hereinafter made available to the Department of Commerce, shall be available to reimburse the Unemployment Trust fund or any other fund or account of the Treasury to pay for any expenses paid before October 1, 1992, as authorized by section 8501 of title 5, United States Code, for services performed after April 20, 1990, by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population.
SEC. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC. 208. None of the funds appropriated under this Act or any other Act henceforth may be used to develop new fishery management plans, amendments, or regulations which create new individual fishing quota programs (whether such quotas are transferable or not) or to implement any such plans, amendments or regulations approved by a Regional Fishery Management Council or the Secretary after January 4, 1995, until offsetting fees to pay for the cost of administering such plans, amendments, or regulations are expressly authorized under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). This restriction shall also apply to any program relating to the Gulf of Mexico commercial red snapper fishery that authorizes the consolidation of licenses, permits or endorsements that result in different trip limits for vessels in the same class. This restriction shall not apply in any way to the North Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean (including mahogany) quohog individual fishing quota programs. The term "individual fishing quota" does not include a community development quota. SEC. 209. The Secretary may award contracts for hydrographic, geodetic, and photogrammetric surveying and mapping services in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
OPERATIONS, RESEARCH AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $1,854,067,000 for the Operations, Research, and Facilities account of the National Oceanic and Atmospheric Administration (NOAA) instead of $1,738,200,000 as proposed by the House and $1,933,703,000 as proposed in the Senate-reported bill. In addition, the conference agreement allows $3,000,000 in offsetting fees related to the aeronautical charting program to be collected to offset this amount, resulting in a final direct appropriation of $1,851,067,000 instead of $1,735,200,000 as proposed by the House and $1,930,703,000 as proposed in the Senate-reported bill.
In addition to the new budget authority provided, the conference agreement allows a transfer of $66,000,000 from balances in the account titled "Promote and Develop Fishery Products and Research Related to American Fisheries", instead of $68,000,000 as proposed by the Hose and $62,000,000 as proposed in the Senate-reported bill. In addition, the conference agreement assumes NOAA will use the Federal Ship Financing Fund to cover administrative expenses related to that account.
The conference agreement does not include language proposed in the House bill designating the amounts provided under this account for the six NOAA line offices. The Senate-reported bill contained no similar provision. The conference agreement adopts the direction included in the House report regarding the development of a revised budget structure for NOAA in consultation with the House and Senate Appropriations Committees, as well as recommendations concerning financial and budgetary management deficiencies at NOAA.
NOAA Commissioned Corps.-The conference agreement includes new language setting the ceiling on the number of commissioned corps officers in fiscal year 1997 at not more than 299 by September 30, 1997 and requires the Department of Commerce, in conjunction with NOAA, to submit to the Congress by November 15, 1996 a long-term plan and legislative proposal to implement its recommendations regarding the NOAA commissioned corps. The House bill contained a provision to eliminate all commissioned corps officers by September 30, 1997 in accordance with the Administrator of NOAA's announcement on January 25, 1996 to eliminate the commissioned corps in fiscal year 1997. The Senate-reported bill set a ceiling of not to exceed 358 officers in fiscal year 1997.
Marine Services.-The conference agreement adopts the House recommendation to eliminate the Marine Services subactivity and provide funding directly to the line offices under the heading "Acquisition of Data." The conferees believe this reform will provide NOAA line organizations with an incentive to make cost-benefit tradeoffs between using NOAA and charter vessels. As the NOAA fleet has downsized, NOAA line organizations are seeking alternatives to fleet resources to meet their data collection needs. This reform will provide NOAA line offices additional flexibility necessary to meet their needs. The conferees expect NOAA to follow the guidance in the House report regarding the use of these funds.
Unless specifically stated otherwise in this Statement of the Committee of the Conference, amounts expended from the NOAA Operations, Research and Facilities account are to be allocated in accordance with the recommendations previously described in the Committee reports of the House and Senate.
The following table reflects the distribution of the funds provided in this conference agreement:
[Dollars in thousands]
Fiscal year 1997-
Request House Senate Conference
NATIONAL OCEAN SERVICE:
Navigation Services:
Mapping and Charting $36,500
$38,586 $38,000 $35,500 $38,000
Geodesy 20,167
20,330 20,330 19,367 20,167
Tide and Current 11,000
Data
11,679 11,000 13,679 12,500
Chesapeake Bay 400
observation buoys
400
Total, Navigation 68,067
Services
70,595 69,330 68,946 70,667
Ocean Resources
Conservation and
Assessment:
Estuarine and 2,674
Coastal Assessment
2,674 2,674 2,674 2,674
Ocean assessment 21,925
program
24,204 12,600 28,619 27,300
Damage assessment 1,200
3,200 2,200 3,200 2,200
Transfer from 6,550
Damage Assessment
Fund
5,276 5,276 5,276 5,276
Oil Pollution Act 1,000
of 1990
1,000 1,000 1,000 1,000
Ocean Services 3,000
3,000 2,500 3,000 2,500
Subtotal 36,349
39,354 26,250 43,769 40,950
Coastal Ocean 11,500
Science: Coastal
ocean program
14,841 11,700 15,200 15,200
Subtotal 11,500
14,841 11,700 15,200 15,200
Total, Ocean 47,849
Resources Conserv.
& Assess
54,195 37,950 58,969 56,150
Ocean and Coastal
Management:
Coastal Management:
CZM grants 46,200
46,200 46,200 49,800 46,200
Estuarine research 1,000
reserve system
4,088 1,000 4,588 1,300
Nonpoint pollution
control
2,552 2,552
Subtotal 47,700
52,840 47,200 57,440 47,500
Ocean Management: 11,685
Marine sanctuary
program
11,876 11,685 11,876 11,685
Subtotal 11,685
11,876 11,685 11,876 11,685
Total, Ocean and 59,385
Coastal Management
64,716 58,885 69,316 59,185
Acquisition of
Data [1]
16,495 18,200
TOTAL, NOS 175,301
189,506 182,660 197,231 204,202
NATIONAL MARINE
FISHERIES SERVICE:
Information
Collection &
Analyses:
Resource Information 83,171
95,285 87,000 98,513 91,330
Antarctic research 1,200
1,200 1,200 1,200 1,200
Chesapeake Bay 1,500
Studies
1,500 1,890 1,500 1,890
Right whale research 200
200 200 300 250
MARFIN 3,000
3,000 3,000 3,000 3,000
SEAMAP 1,200
1,200 900 1,200 1,200
Alaskan groundfish 661
surveys
661 661 661 661
Bering Sea pollock 945
research
945 945 945 945
West Coast 780
groundfish
780 780 780 780
New England stock 1,000
depletion
1,000 1,000 1,000 1,000
Hawaii stock 500
management plan
500 500
Yukon River chinook 700
salmon
700 700 700 700
Atlantic salmon 710
research
710 500 710 710
Gulf of Maine 567
groundfish survey
567 567 567 567
Dolphin/Yellowfin 250
Tuna Research
250 250 250 250
Habitat research/ 450
evaluation
450 450 450 450
Pacific salmon 5,587
treaty program
5,587 5,000 5,587 5,587
Fisheries 410
Cooperative
Institute
410 410 410 410
Hawaiian monk seals 500
500 520 500
Stellar sea lion 1,440
recovery plan
1,440 1,440 1,770 1,770
Hawaiian sea turtles 240
240 248 248
Bluefish/Striped
Bass
785 785
Halibut/Sablefish 1,200
1,200 1,200 1,200 1,200
Gulf of Mexico
Mariculture
300 300
Subtotal 107,461
117,825 109,178 122,011 116,233
Fishery Industry
Information:
Fish statistics 13,000
13,481 13,000 14,000 13,000
Alaska groundfish 5,200
monitoring
5,200 5,200 5,400 5,200
PACFIN/catch effort 3,000
data
3,000 3,000 3,000 3,000
Rec. fishery 2,900
harvest monitoring
2,900 2,900 3,900 3,400
Subtotal 24,100
24,581 24,100 26,300 24,600
Information 20,913
Analyses &
Dissemination
21,471 18,400 21,500 20,900
Computer hardware 4,000
and software
4,000 4,000 4,000 4,000
Subtotal 24,913
25,471 22,440 25,500 24,900
Total, Info., 156,474
Collection &
Analyses
167,877 155,678 173,811 165,733
Conservation and
Management
Operations:
Fisheries 19,500
Management Programs
25,597 18,000 26,100 22,000
Columbia River 10,300
hatcheries
10,300 9,000 10,955 10,955
Columbia River end 288
species studies
288 144 288 288
Regional councils 10,200
10,200 9,500 10,500 10,200
International 400
fisheries
commissions
400 400 400 950
Management of 478
George's Bank
478 478 478 478
Beluga whale 200
committee
200 200 200
Pacific tuna 1,500
management
1,500 1,500 1,900 1,900
Subtotal 42,866
48,763 39,222 50,821 46,971
Protected Species 6,225
Management
6,750 5,000 6,500 5,700
Driftnet Act 3,278
implementation
3,278 2,500 3,278 3,278
Marine Mammal 9,000
Protection Act
10,250 8,000 10,250 9,125
Endangered Species 13,000
Act recovery plan
14,800 13,000 14,800 13,500
Fishery observer 417
training
417 417 417
East Coast observers 350
350 350 350 350
Subtotal 32,270
35,428 29,267 35,595 32,370
Habitat Conservation 8,000
10,300 8,000 10,300 8,000
Enforcement & 15,800
Surveillance
17,790 15,800 17,700 16,500
Total, Conservation 98,936
and Mgmt. Opns
112,281 92,289 114,416 103,841
State and Industry
Assistant Programs:
Interjurisdictional 2,600
fisheries grants
2,600 2,000 2,600 2,600
Anadromous grants 2,108
2,108 1,000 2,108 2,108
Anadromous fishery 250
project
250 250
Interstate fish 4,000
commissions
4,000 4,000 5,700 5,000
Subtotal 8,958
8,958 7,000 10,658 9,708
Fisheries
Development Program:
Product quality and 14,624
safety/Seafood
Inspection
14,624 14,000 14,624 14,624
Hawaiian Fisheries 750
Development
750 750
Marine Biotechnology 1,900
1,900 1,900 1,900
Subtotal 17,274
16,524 14,000 17,274 17,274
Total, State & 26,232
Industry Assist.
Progs.
25,482 21,000 27,932 26,982
Acquisition of
Data [1]
29,940 26,840
TOTAL, NMFS 281,642
305,640 298,907 316,159 323,396
OCEANIC AND
ATMOSPHERIC
RESEARCH:
Climate and Air
Quality Research:
Interannual & 65,500
Seasonal/Climate &
Global
76,712 67,000 73,500 68,000
GLOBE
7,000 7,000 6,000
Subtotal
83,712 67,000 80,500 74,000
Long-Term Climate & 27,272
Air Quality Research
29,402 27,272 29,402 28,372
VENTS 2,500
High Performance 6,500
Computing
9,567 6,500 9,000 7,500
Subtotal 36,272
38,969 33,772 38,402 35,872
Total, Climate and 101,772
Air Quality
122,681 100,772 118,902 109,872
Atmospheric
Programs:
Weather Research 33,613
33,905 33,613 33,613 33,613
Wind profiler 4,350
4,350 4,350 4,350 4,350
Subtotal 37,963
38,255 37,963 37,963 37,963
Solar/Geomagnetic 5,483
Research
5,511 5,219 5,493 5,493
Total, Atmospheric 43,446
Program
43,766 43,182 43,456 43,456
Ocean and Great
Lakes Programs:
Marine Prediction 10,226
Research
9,608 10,608 12,151 15,651
GLERL 5,200
5,200 5,200 5,200 5,200
Great Lakes Sea
Lampricide
4,099 4,099
VENTS
2,500 2,500
Subtotal 15,426
17,308 19,907 23,950 20,851
Sea Grant:
Sea grant college 53,300
program
48,793 53,300 55,300 54,300
Subtotal 53,300
48,793 53,300 55,300 54,300
National Undersea 12,000
Research Program
14,900 12,000
Subtotal 12,000
14,900 12,000
Total, Ocean & 80,726
Great Lakes Programs
66,101 73,207 94,150 87,151
Acquisition of
Data [1]
14,665 12,690
TOTAL, OAR 225,944
232,548 231,826 256,508 253,169
NATIONAL WEATHER
SERVICE:
Operations and
Research:
Local Warnings and 405,300
Forecasts
399,020 387,020 392,337 390,000
Radiosonde
replacement
4,255 4,255 1,500
Susquehanna River 669
Basin Flood Sys
669 1,000 1,000 1,000
Aviation forecasts 35,596
35,596 35,596 35,596 35,596
Regional climate 2,000
centers
2,000 2,000 2,000
Subtotal 443,565
439,540 425,616 435,188 430,096
Central Forecast 28,193
Guidance
29,543 28,193 29,543 28,700
Atmospheric and 2,000
Hydrological
Research
2,589 2,000 2,589 2,000
Total, Operations 473,758
and Research
471,672 455,809 467,320 460,796
Systems Acquisition;
Public Warning and
Forecast Systems:
NEXRAD 53,335
53,145 53,145 53,145 53,145
ASOS 16,952
10,056 10,056 10,056 10,056
AWIPS/NOAAPort 50,000
119,800 100,000 100,000 100,000
Computer Facility 12,000
Upgrades
15,993 14,000 15,993 14,000
Total, Systems 132,287
Acquisition
198,994 177,201 179,194 177,201
TOTAL, NWS 606,045
670,666 633,010 646,514 637,997
NATIONAL
ENVIRONMENTAL
SATELLITE, DATA,
AND INFORMATION
SERVICE:
Satellite Observing
Systems:
Polar spacecraft 174,765
and launching
147,644 147,300 147,644 147,300
Polar convergence/ 39,500
IPO
78,200 19,000 29,000 29,000
Geostationary 153,106
spacecraft and
launching
205,922 171,480 191,922 171,480
Ocean remote sensing 4,000
1,552 6,000 4,000
Environmental 49,000
observing services
53,615 49,000 52,600 51,000
Total, Satellite 430,371
Observing Systems
486,933 386,780 427,166 402,780
Environmental Data 29,865
Management Systems
30,098 30,002 27,515 30,002
Data and 11,300
Information Services
14,800 14,800 11,300 14,800
Total, EDMS 41,165
44,898 44,802 38,815 44,802
Undistributed
Reduction
(5,685)
TOTAL, NESDIS 471,536
531,831 425,897 465,981 447,582
PROGRAM SUPPORT:
Administration and
Services:
Executive direction 20,000
and administration
19,512 17,520 19,500 19,200
Systems Program 1,500
Office (SPO)
1,497 1,497 1,497 1,497
Subtotal 21,500
21,009 19,017 20,997 20,697
Central 33,000
Administrative
Support
35,573 31,000 35,500 33,000
Retired Pay 7,706
Commissioned
Officers
8,112 7,706 8,112 8,000
Total, 62,206
Administration and
Services
64,694 57,723 64,609 61,697
Marine Services [2] 61,100
56,292 56,292
Aircraft Services 9,153
10,182 9,153 10,182 10,000
Total, Aircraft 9,153
Services
10,182 9,153 10,182 10,000
TOTAL, PS 132,459
131,168 66,876 131,083 71,697
Direct Obligations 1,892,927
2,061,539 1,839,176 2,013,476 1,938,043
Reimbursable 309,715
Obligations
310,515 313,515 313,515 313,515
New offsetting
collections (data
sales)
1,200 1,200 1,200 1,200
Anticipated 3,000
Collections
3,000 3,000 3,000 3,000
Subtotal- 312,715
Reimbursables
314,715 317,715 317,715 317,715
TOTAL OBLIGATIONS 2,205,642
2,376,074 2,156,891 2,331,191 2,255,758
FINANCING:
Deobligations (29,000)
(13,800) (29,000) (13,800) (14,000)
Fish Fees
(10,000)
Unobligated balance (2,650)
transferred, net
Federal Ship (1,700)
Financing Fund
expenses
(1,700) (1,700) (1,700)
New offsetting
collections (data
sales)
(1,200) (1,200) (1,200) (1,200)
Anticipated (3,000)
offsetting
collections
(3,000) (3,000) (3,000) (3,000)
Federal funds (272,207)
(282,500) (282,500) (282,500) (282,500)
Non-federal funds (37,508)
(31,015) (31,015) (31,015) (31,015)
SUBTOTAL-FINANCING (346,065)
(341,515) (348,415) (333,215) (333,415)
BUDGET AUTHORITY 1,859,577
2,037,559 1,808,476 1,997,976 1,922,343
FINANCING FROM:
Promote and devleop (63,000)
American fisheries
(61,068) (68,000) (62,000) (66,000)
Damage assessment & (3,900)
restoration
revolving fund
(5,276) (5,276) (5,276) (5,276)
=
= = =
APPROPRIATION, ORF 1,792,677
1,971,215 1,735,200 1,930,700 1,851,067
[1]Funding for this item previously appeared under Marine Services in
Program Support. [2]Funding for this item appears under Acquisition of Data in NOS, NMFS, and OAR.
The following narrative provides additional information related to certain items included in the preceding table.
NATIONAL OCEAN SERVICE
The conferees have provided a total of $204,202,000 under this account for the activities of the National Ocean Service. In addition, the conference agreement adopts changes proposed by the House to reorder and rename certain activities under NOS to more clearly identify their functions.
Mapping and Charting.-The conference agreement provides $38,000,000 for NOAA's mapping and charting programs for the purposes as described in the House report. The conferees continue their direction included in the fiscal year 1996 conference report that no funds available to NOAA should be used to procure equipment that replaces or modernizes NOAA's in-house measurement capabilities when similar services may be obtained by contract through the private sector.
Coastal Ocean Program.-The conference agreement provides $15,200,000 for the Coastal Ocean Program. The conference agreement adopts the recommendation included in the House report regarding efforts to respond to the algae bloom in the Peconic Estuary system and adjacent Long Island waters, as well as the Gulf of Mexico waters. In addition, within the increase provided, the conference agreement recommends that the Coastal Ocean Program managers initiate a national harmful algal bloom program focused on the causes and different types of blooms, and long-term strategies for examining and alleviating them. Further, the conference agreement includes support for the high-salinity estuary activities as directed in the Senate report. Further, the conferees recommend a moderate portion of the increase provided for COP to be used for restoration of the South Florida ecosystem, but encourage NOAA to consolidate these activities within existing programs whenever possible. In addition, the conferees would support funding for this activity from within NMFS.
Coastal Zone Management Program.-The conference agreement includes $46,200,000 for CZM program grants. An additional $1,300,000 is provided for the National Estuarine Research Reserve program, in addition to $3,000,000 provided under the Coastal Zone Management Fund described later in this report.
Marine Sanctuary Program.-The conference agreement includes $11,685,000 for the National Marine Sanctuary Program. The conferees direct that no user fees be imposed with respect to the Hawaiian Islands National Humpback Whale Sanctuary.
Other.-Within the amounts provided for geodesy, the conference agreement includes $500,000 for continuation of geodetic survey work as described in the Senate report, and adopts the recommendations in the House report concerning the completion of the multipurpose land information system project. The conferees expect NOAA to provide a report within 30 days of enactment of the accompanying Act on its plans to implement this guidance. Within the amounts provided for tide and current data, $1,500,000 is provided for a one-time effort to establish a national coastal data center as identified in the Senate report.
Within the amounts provided for ocean assessment, the conference agreement includes a total of $12,000,000 for NOAA's Coastal Services Center, including activities related to coastal hazards research and defense technology as provided in the Senate report. In addition, the conference agreement provides $2,700,000 as described in the Senate report for research efforts to apply innovative technologies to the monitoring, management, and prevention of contamination of estuaries and coastal waters.
Within the amounts provided for acquisition of data under the National Ocean Service, the conference agreement includes $1,705,000 for operation of the RONALD H. BROWN in fiscal year 1997 in accordance with the direction included in the Senate report.
NATIONAL MARINE FISHERIES SERVICE
The conference agreement includes a total of $323,396,000 for the National Marine Fisheries Service.
The conference agreement provides $91,330,000 for fisheries resource information. Within the funds provided, the conference agreement adopts the recommendations included in the Senate report with respect to experimental by-catch research, MARMAP, research related to rehabilitation of Gulf Coast fisheries, red drum research and research related to pollution and depletion of stocks in the Narragansett Bay. In addition, the conference agreement provides $5,200,000 for Alaska groundfish to be allocated per the distribution in the Senate report, and $1,770,000 for Stellar Sea Lion recovery plans in accordance with the direction included in the Senate report.
Within the funds provided for Fishery Industry Information, the conference agreement provides $3,400,000 for recreational fishery harvest monitoring to be expended in accordance with the direction included in the Senate report.
The conference agreement includes $22,000,000 for fisheries management programs. Within the amounts provided, the conference agreement includes funding at levels recommended in the Senate report for the Alaska Native Harbor Seal Commission, the Advisory Committee to the International Convention for the Conservation of the Atlantic Tuna, and pelagic fisheries research and management. The conference agreement also provides $10,955,000 for Mitchell Act hatchery programs, including $655,000 for mass marking of Mitchell Act hatchery salmon, and concurs with the Senate Report regarding these programs and regarding NMFS staffing needs in the Northwest. Within the amounts provided for international fisheries commissions, the conference agreement provides $450,000 for the Arctic Council Sustainable Development Secretariat.
Within the funds provided for protected species management, the conferees expect that no reductions will be taken against field activities.
In addition, the conference agreement adopts the recommendations included in the House report regarding the funding and direction for sea turtle protection except that the sea protection activities at Rancho Nuevo shall also include the implementation of tagging all of the released hatchlings to improve data on survivability, and the implementation of a Kemp's Ridley headstart program in Mexico. The conferees also concur in the direction included in the House report regarding See Turtle/Shrimp Fishery Response Plan activities. In addition, the conferees reiterate the previous direction provided to NOAA that NOAA and NMFS provide an independent peer review of the NMFS November 14, 1994 and subsequent Biological Opinions on sea turtle conservation. The conferees direct NMFS and the Department not to decertify any turtle excluder devices until every effort has been made, working with industry and others, to improve or modify existing devices to increase turtle escapement. The conference agreement assumes that funds will be made available under Resource Information and other NMFS programs to enable an independent entity to collect and assess data on catch effort and by-catch in the shrimp fishery. This independent effort shall provide site-to-site and long term information regarding the relative abundance of sea turtles, and NMFS may use its authority to provide scientific exemption permits to collect shrimp trawl by-catch data in non-turtle excluder device equipped trawls. The conferees reiterate the funding direction provided in fiscal year 1996 for the establishment of a systematic stranding monitoring program and direct that these funds be used to establish a scientifically sound program based on transect survey techniques that will provide data suitable for analytical stock assessments.
Within the funds provided for the Marine Mammal Protection Act, the conference agreement adopts recommendations specified in the Senate report, and includes $100,000 for data collection regarding bowhead whales in the North Slope Borough.
The conference agreement includes a total of $253,169,000 for Oceanic and Atmospheric Research activities.
Interannual and seasonal climate research.-The conferees have provided $68,000,000 for interannual and seasonal climate research under the structure proposed by the House, of which $60,000,000 is to continue the basic Climate and Global Change program. The remaining $8,000,000 is to carry out the base interannual and seasonal research programs. The increases are provided in accordance with the direction included in the House report. The conference agreement provides $6,000,000 for the Global Learning to Benefit the Environment (GLOBE) program; instead of no funding as proposed by the House, and $7,000,000 as proposed in the Senate-reported bill.
Marine prediction research.-The conference agreement provides $15,651,000 for marine prediction research. Within this amount, the Arctic Research Initiative is to be funded according to the House report, and the tsunami mitigation, Lake Champlain and VENTS programs are to be funded according to direction in the Senate report.
GLERL.-Within the $5,200,000 provided for the Great Lakes Environmental Research Laboratory, the conferees expect NOAA to continue to support the Great Lakes nearshore research and GLERL zebra mussel research programs. Sea grant.-The conferees have included $54,300,000 for the National Sea Grant program, and expect NOAA to continue to fund oyster disease research, zebra mussel research and the National Coastal Research and Development Institute within these amounts. The conferees continue to urge NOAA to fund proposals related to the Vibrio vulnificus issue and the education of at-risk consumers regarding raw molluscan shellfish.
The conference agreement includes a total of $637,997,000 for the National Weather Service.
The amount provided includes $390,000,000 for local warnings and forecasts, including the staffing related to the modernization of the weather service, data buoy maintenance, and Pacific and Alaska regional headquarters.
The conferees direct that any reductions required be applied to the operations and staffing levels at NWS central headquarters in the national capital area, and adopt the directive included in the House report that NWS submit a streamlining plan for such reductions not later than November 1, 1996. The conference agreement adopts the direction in the House report regarding notification prior to NWS office closures. In addition, the conference agreement includes the House recommendation regarding radiosonde replacement.
The conference agreement provides the full request for acquisition of the next-generation radar (NEXRAD) and the automated surface observing system (ASOS), including funding for the three additional NEXRADs identified as necessary in the Secretary's report concerning the adequacy of coverage, and the conferees encourage NOAA to have such equipment in place and operational prior to the 1997 tornado season.
The conferees remain concerned about gaps in coverage provided by NOAA Weather Radio in eastern Kentucky and Kansas. NOAA is directed to promptly update its 1994 study of radio coverage and provide recommendations for the placement of additional or upgraded transmitters by March 30, 1997. NOAA is further directed to immediately implement recommendations of the 1994 study by placing 1000 watt transmitters at Ezel, Pineville, and Pikeville, Kentucky.
Advanced Weather Interactive Processing Systems (AWIPS).-The conferees are extremely concerned about the AWIPS program. The AWIPS program has been plagued by cost growth, scheduling delays, management changes, and slow technical progress. The conferees remind NOAA that the original plans estimated a total cost at completion of $350,000,000. Earlier this year, the Administrator of NOAA testified to the House Science Committee that the estimated cost at completion (EAC) for the program was $525,000,000 and that the AWIPS program could be operated under such a cost cap. The conferees note that Congress, through the end of fiscal year 1996, will have already invested $261,335,000 in the AWIPS program. Therefore, the conferees direct the AWIPS program to be delivered within the $525,000,000 EAC, and put NOAA on notice that additional resources will not be available should NOAA fail to deliver the system within the current $525,000,000 cost estimate.
Further, the conferees continue to have reservations about NOAA's current plan to make the final production decision on full-scale deployment of AWIPS in September 1996. The conferees agree with the Department of Commerce Inspector General and believe that sufficient operational testing of the system must occur prior to the final decision being made for full scale deployment. The conferees note that a small delay in the final production decision would not impede the ability of NWS to complete deployments scheduled in fiscal year 1997. Therefore, the conferees believe the most prudent course would be for the NWS and the Department to delay such decisions until additional operational testing has been completed.
Therefore, the conference agreement provides $100,000,000 for the AWIPS program, a 100 percent increase over the current fiscal year, an amount sufficient to enable a two year deployment of the system within a $525,000,000 total EAC for the program. The conference agreement adopts the directives included in the House report directing NOAA to submit a reprogramming in accordance with section 605 of the accompanying Act prior to the expenditure of funds for full-scale acquisition and deployment of the system. Such reprogramming should include a certification by the Secretary of Commerce to address the criteria specified in the House report, with the following modification: the cost to complete development, acquisition and deployment of the AWIPS through build six and associated activities, including program management and operations and maintenance through completion of deployment will not exceed $263,665,000.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
The conference agreement includes $44,802,000 for environmental data management systems within the amount provided for NESDIS in accordance with the recommendations included in the House report.
The conference agreement includes $29,000,000 for the interagency program office to converge the NOAA and Department of Defense (DOD) polar satellite convergence programs. The funding level provided meets the revised estimate of need for this fiscal year and was agreed upon jointly by NOAA and DOD. The conferees continue to assume that NOAA and DOD will share equally the costs for all common activities for this program. Further, the conferees expect NOAA to report to them should any additional revisions to the program be contemplated.
In addition, the conferees encourage NESDIS to work closely with the national coastal data center discussed under the National Ocean Service.
The conference agreement provides $71,697,000 for NOAA program support.
Marine services.-The conference agreement adopts the House recommendation to eliminate the Marine Services account and to provide funding for these activities directly to the line offices. This matter is further discussed elsewhere in this title. In addition, the conference agreement adopts the Senate position regarding the new oceanographic research vessel, the RONALD H. BROWN, coming online in fiscal year 1997. The vessel will be homeported at the NOAA Coastal Services Center as proposed by NOAA, and operational funds have been included under NOS data acquisition.
The conference agreement includes an appropriation of $7,800,000, as provided in both the House bill and the Senate-reported bill, from the Coastal Zone Management Fund for the purposes designated in both bills. The conference agreement allocates these funds as follows: $4,300,000 for program administration, $500,000 for State development grants, and $3,000,000 for the National Estuarine Research Reserve Program. The conference agreement provides an additional $1,300,000 in direct appropriations under the NOAA Operations, Research, and Facilities account for the National Estuarine Research Reserve Program.
The conference agreement includes a total of $58,250,000 for the NOAA Construction account, instead of $36,000,000 as proposed in the House bill and $58,000,000 as proposed in the Senate-reported bill. The conference agreement provides these funds for the purposes described in the following paragraphs.
The Conference agreement provides $2,000,000 for general facilities maintenance, $1,750,000 for the Sandy Hook lease, $2,000,000 for environmental compliance, and $2,000,000 for above-standard costs at the Boulder laboratory.
The conference agreement includes a total of $12,000,000 for weather forecast office (WFO) construction, including $2,000,000 for the construction costs of WFO/Center for Environmental Studies and Management in Albany, New York. In addition, the conference agreement includes $1,000,000 for WFO maintenance.
The conference agreement provides $4,700,000 for Columbia River facilities.
The conference agreement includes $2,000,000 for NMFS Honolulu laboratory renovations, $3,500,000 for the Newport Science Center renovation and expansion, $5,000,000 to complete the NMFS Southeast laboratory project, and $6,000,000 for the NMFS Juneau laboratory.
In addition, the conference agreement designates $8,500,000 for construction and related expenses for an environmental technology facility in New Hampshire.
As provided by both the House and Senate, the conference agreement includes $5,000,000 for Pribilof Island cleanup. In addition, $1,000,000 is provided for National Estuarine Research Reserves construction.
The conference agreement includes $8,000,000 for the NOAA Fleet Modernization account, as provided in the Senate-reported bill, instead of $6,000,000 as provided in the House bill. The conference agreement provides funding for necessary maintenance costs as well as funds to complete the outfitting of the oceanographic vessel scheduled to come on line in fiscal year 1997. This matter is further addressed elsewhere in this title under the NOAA Operations, Research and Facilities account. In addition, the conference agreement contains language included in section 612 further clarifying the uses of these funds.
The conference agreement includes $200,000 for an appropriation to the Fishing Vessel and Gear Damage Fund as provided in both the House bill and the Senate-reported bill.
The conference agreement includes $1,000,000 for the Fishermen's Contingency Fund, as provided in both the House bill and the Senate-reported bill.
The conference agreement includes $196,000 for the expenses related to the Foreign Fishing Observer Fund, as provided in both the House bill and Senate-reported bill.
The conference agreement provides $250,000 in subsidy amounts for Fishing Vessel Obligations Guarantees as proposed by the House bill and the Senate-reported bill.
OPERATIONS, RESEARCH AND FACILITIES
(RESCISSION)
The conference agreement includes a rescission of $20,000,000 from the NOAA Operations, Research and Facilities account, instead of $10,000,000 as proposed in both the House and Senate-reported bills. This rescission is derived from balances no longer required in the NOAA satellites programs due to re-estimates of program needs.
The conference agreement includes the following general provisions for the Department of Commerce:
SEC. 203.-The conference agreement includes section 203, identical in both the House and Senate versions of the bill, prohibiting reimbursement to the Air Force for hurricane reconnaissance planes.
Sec. 208.-The conference agreement includes a modified general provision, similar to language included in the House and Senate bills, permanently prohibiting funds to develop or implement new individual fishing quota programs, whether such quota are transferable or not, until offsetting fees to pay for the cost of administrating such quotas are authorized. The modified provision also clarifies the application of this provision to certain fisheries.
The conference agreement does not include a new section, included in the Senate-reported bill, prohibiting the Department of Commerce from developing, implementing or collecting any user fees for any activity within the Hawaiian Islands National Humpback Whale Sanctuary. However, this matter is addressed elsewhere in the Statement of Managers of the Committee of Conference under the National Oceanic and Atmospheric Administration Operations, Research and Facilities account. The House bill contained no provision on this matter. Sec. 211.-The conference agreement includes a new provision, not in either the House or Senate-reported bills, renaming the "Magnuson Fishery Conservation and Management Act" as the "Magnuson-Stevens Fishery Conservation and Management Act".
TITLE VI-GENERAL PROVISIONS
The conference agreement includes the following general provisions:
Sec. 606.-The conference agreement includes section 606, identical in both the House and Senate-reported versions of the bill, regarding the construction, repair or modification of National Oceanic and Atmospheric Administration vessels in overseas shipyards.
Sec. 607.-The conference agreement includes section 607 regarding the purchase of American-made products, as provided in both the House and Senate-reported bills.
Sec. 612.-The conference agreement includes a modified version of section 612 restricting the use of funds provided under the National Oceanic and Atmospheric Administration Fleet Modernization account, as proposed in the House bill. The Senate-reported bill deleted this provision. The modification permits NOAA to develop long term plans to support its fisheries research requirements.