SECTION 1. PURPOSE.
.01 This Order prescribes the scope of authority and functions of the position of Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration (NOAA). (The functions of NOAA are covered in Department Organization Order (DOO) 25-5, "National Oceanic and Atmospheric Administration.")
.02 This revision:
a. Updates Section 2.02, Line of Authority to the Under Secretary of Commerce for Oceans and Atmosphere and Administrator (the Under Secretary/Administrator), by establishing a first assistant for each position;
b. Updates Section 3.01qq., Delegation of Authority, to add the U.S. Code cite for an Act cited therein.
SECTION 2. STATUS AND LINE OF AUTHORITY.
.01 NOAA, established by Reorganization Plan No. 4 of 1970, effective October 3, 1970, is continued as an operating unit of the Department of Commerce.
.02 Line of authority:
a. The Under Secretary/Administrator, who is appointed by the President, with the advice and consent of the Senate, shall serve as the Administrator of NOAA. The Assistant Secretary for Environmental Observation and Prediction/Deputy Administrator for Oceans and Atmosphere shall perform the functions and duties of the Under Secretary of Commerce for Oceans and Atmosphere in the event the latter is unable to carry out the duties of the office, or in the event of a vacancy in the office.
b. The Assistant Secretary for Conservation and Management, who is appointed by the President, with the advice and consent of the Senate, shall serve as Deputy Administrator for Oceans and Atmosphere. The Assistant Administrator of the National Marine Fisheries Service shall perform the functions and duties of the Assistant Secretary for Conservation and Management/Deputy Administrator for Oceans and Atmosphere in the event the latter is unable to carry out the duties of the office, or in the event of a vacancy in the office.
c. The Assistant Secretary for Environmental Observation and Prediction, who is appointed by the President, with the advice and consent of the Senate, shall serve as Deputy Administrator of Oceans and Atmosphere. The Assistant Administrator for the National Environmental Satellite, Data, and Information Service shall perform the functions and duties of the Assistant Secretary for Environmental Observation and Prediction in the event the latter is unable to carry out the duties of the office, or in the event of a vacancy in the office.
d. The Chief Scientist shall serve as a key advisor to the Under Secretary of Commerce for Oceans and Atmosphere and Administrator and to the Assistant Secretary of Commerce for Conservation and Management, and to the Assistant Secretary of Commerce for Environmental Observation and Prediction, on all program and policy issues, and shall be responsible for ensuring the timely and effective implementation of NOAA policies and objectives. The Assistant Administrator for Oceanic and Atmospheric Research shall perform the functions and duties of the Chief Scientist in the event the latter is unable to carry out the duties of the office, or in the event of a vacancy in the office.
SECTION 3. DELEGATION OF AUTHORITY.
.01 Pursuant to the authority vested in the Secretary by Reorganization Plan No. 4 of 1970, Executive Order (E.O.) 11564 of October 6, 1970, and otherwise by law, the Under Secretary/ Administrator is hereby delegated authority to perform the following functions vested in the Secretary:
a. The functions in Title 15, Chapter 9, and in Title 49, Section 44720, of the U.S.C., regarding the provision of weather services (15 U.S.C. § 311 et seq.; and 49 U.S.C. 44720), including the functions in Title VII of Public Law (P.L.) 102-567 (15 USC § 313 note) (the "Act") regarding the modernization of the weather service.
b. The functions regarding weather in Title 49, Chapter 15 of the U.S.C., which pertain to international aviation facilities (49 U.S.C. § 47305).
c. The functions in 15 U.S.C. § 272(c)(11), regarding transmission of electromagnetic waves, as applicable to the functions assigned herein.
d. The functions in Title 33, Chapters 17 and 43, U.S.C., as amended, regarding commissioned officers, surveys and related matters, except that the Secretary reserves the authority to appoint and promote the commissioned officers as delegated to him by the President by E.O. 11023, as amended. This delegation is in addition to, and not in lieu of, the general delegation of personnel management authority to the Chief Financial Officer and Assistant Secretary for Administration (CFO/ASA), and is to be exercised and redelegated in consonance with the departmental policies issued by the CFO/ASA.
e. The functions of Sections 401(8) and (9) of E.O. 12656, and the functions of E.O. 10480, as amended. These relate to emergency preparedness, provision of weather, geodetic, hydrographic, and oceanographic data in consonance with civil defense programs, and developing overall plans and programs for the fishing industry's continued production during an emergency.
f. The functions in the President's memorandum of July 5, 1968, issued in accord with Senate Concurrent Resolution 67 of May 29, 1968, furthering participation in and support of the World Weather program by the United States. The plan, to be developed annually for submission by the President to Congress on the proposed participation by federal agencies, shall be prepared for transmittal to the President by the Secretary.
g. The functions in the Federal Grant and Cooperative Agreement Act of 1977 (P.L. 95-224), with regard to making grants and cooperative agreements, as they pertain to the authority delegated in this section.
h. The functions authorized to be performed by the Department of Commerce in accordance with Chapter 19B of Title 42, U.S.C., regarding water resources planning.
i. The functions transferred to the Secretary in Section 1 of the Reorganization Plan No. 4 of 1970. The functions are:
1. All functions vested by law in the Bureau of Commercial Fisheries of the Department of the Interior or its head, together with all functions vested by law in the Secretary of the Interior or the Department of the Interior which are administered through that Bureau or are primarily related to the Bureau, exclusive of functions related to the (1) Great Lakes fishery research and activities related to the Great Lakes Fisheries Commission, (2) Missouri River Reservoir research, (3) the Gulf Breeze Biological Laboratory of the said Bureau of Gulf Breeze, Florida, and (4) Trans-Alaska pipeline investigations.
2. The functions vested in the Secretary of the Interior by the Act of September 22, 1959, 642, 16 U.S.C. § 760e-760g, relating to migratory marine species of game fish.
3. The functions vested by law in the Secretary of the Interior, or in the Department of the Interior or in any officer or instrumentality of that Department, which are administered through the Marine Minerals Technology Center of the Bureau of Mines.
4. All functions vested in the National Science Foundation by the National Sea Grant College and Program Act of 1966 (80 Stat. 99), as amended (33 U.S.C. 1121 et seq.).
5. Those functions vested in the Secretary of Defense or in any officer, employee, or organizational entity of the Department of Defense by the provision of Public Law 91-144, 83 Stat. 326, under the heading 'Operation and maintenance, general' with respect to 'surveys and charting on northern and northwestern lakes and connecting waters,' or by other law, which come under the mission assigned as of July 1, 1969, to the United States Army and related to: (1) the conduct of hydrographic surveys of the Great Lakes and their outflow rivers, Lake Champlain, New York State Barge Canals, and the Minnesota-Ontario border lakes, and the compilation and publication of navigation charts, including recreational aspects, and the Great Lakes Pilot for the benefit and use of the public; (2) the conception, planning, and conduct of basic research and development in the fields of water motion, water characteristics, water quality, and ice and snow; and (3) the publication of data and the results of research projects in forms useful to the Corps of Engineers and the public, and the operation of a Regional Data Center for the collection, coordination, analysis, and the furnishing to interested agencies of data relating to water resources of the Great Lakes.
6. So much of the functions of the transferor officers and agencies referred to in or affected by the foregoing provisions of this section as is incidental to or necessary for the performance by or under the Secretary of Commerce of the functions transferred by those provisions or relates primarily to those functions. The transfers to the Secretary of Commerce made by this section shall be deemed to include the transfer of authority, provided by law, to prescribe regulations relating primarily to the transferred functions.
j. The functions in Title 37 of the U.S.C. regarding pay and allowances for the Commissioned Officer Corps of NOAA established by Section 4(d) of Reorganization Plan No. 4 of 1970.
k. The functions in Title 10 of the U.S.C. made applicable to commissioned officers of NOAA by 33 U.S.C. § 3071.
l. The functions in the following sections of E.O. 11023, as amended: Sections 1(a), 1(e), 1(f), 1(g), and 1(1); 3; 5; and 6 regarding the retirement, separation, and resignation of commissioned officers of NOAA, and the employment of public vessels.
m. The functions of Title II of the National Housing Act, as amended (12 U.S.C. § 1715m), regarding mortgage insurance for commissioned officers to aid in the construction or purchase of homes.
n. The functions of 7 U.S.C. §§ 450b and 2220, regarding cooperation with outside sources and disposition of funds received.
o. The functions regarding the operation of: (1) the National Oceanographic Instrumentation Center; (2) the National Oceanographic Data Center; and (3) the National Data Buoy Development Project, whose programs and activities were transferred to the Secretary by E.O. 11564.
p. The functions regarding: (1) upper air observations taken on board ocean station vessels and at specific Pacific Trust Territories; and (2) hydroclimatic observations taken at stations located along U.S. rivers and the Great Lakes, which programs and activities were transferred to the Secretary by E.O. 11564.
q. The functions in Section 607 of the Merchant Marine Act, 1936, as amended by the Merchant Marine Act of 1970 (46 U.S.C. § 1177), regarding capital construction funds for those owning or leasing vessels which are operated in the fisheries of the United States, including, but not limited to, the adoption of regulations, and the preparation and signing of all necessary forms and agreements.
r. The functions prescribed in National Weather Modification Policy Act of 1976, 15 U.S.C. § 330 note.
s. The functions in 46 U.S.C. § 749 (concerning the arbitration, compromise or settlement of maritime claims) regarding any claim in the amount of $5,000 or less involving a vessel operated by the Administration.
t. The functions prescribed by the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. § 1361 et seq.).
u. The functions prescribed in the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 et seq., except that the Secretary reserves the authority to carry out the mediation function under Section 307(h) of the Act, and to make the certification and request to the President for exemption under subsection 307(c)(l)(B) of the Act.
v. The functions prescribed by the Endangered Species Act of 1973, as amended (16 U.S.C. § 1531 et seq.).
w. The functions prescribed by the Offshore Shrimp Fisheries Act of 1973, (16 U.S.C. § 1100b et seq.).
x. The functions prescribed by the Marine Protection, Research and Sanctuaries Act of 1972, as amended (33 U.S.C. § 1401 et seq. and 16 U.S.C. § 1431 et seq.).
y. The functions assigned to the Secretary by the Atlantic Tunas Convention Act of 1975, P.L. 94-70.
z. The functions regarding Section 202 of the Disaster Relief Act of 1974 (42 U.S.C. § 5132) specified in the delegation of authority from the Secretary of Housing and Urban Development (40 Federal Register (F.R.) 42769), effective September 16, 1975, which pertain to weather-related disaster warnings.
aa. The functions prescribed in the Magnuson Fishery Conservation and Management Act, 16 U.S.C. § 1801 et seq., except that the Under Secretary/ Administrator shall advise the Secretary before any final action is taken with respect to the following functions:
1. Establishing guidelines to assist in the development of fishery management plans under subsection 301(b) of the Act;
2. Appointing or removing members of the Regional Fishery Management Councils under subsection 302(b)(2) or (5) of the Act;
3. Issuing preliminary fishery management plans and implementing regulations under subsection 201(h) of the Act, if the Under Secretary/Administrator considers the action to be controversial; and
4. Approving, disapproving, partially disapproving, or issuing a fishery management plan or amendment, or issuing implementing or emergency regulations, under Sections 304 and 305 of the Act, if the Under Secretary/Administrator considers the action to be controversial.
cc. The functions prescribed by the Central, Western, and Southern Pacific Fisheries Development Act, 16 U.S.C. §§ 758e through 758e-5.
dd. The functions prescribed by the Whale Conservation and Protection Study Act (16 U.S.C. §§ 917 through 917d).
ee. The functions prescribed by the Fisherman's Protective Act of 1967, as amended (22 U.S.C. § 1977 et seq.).
ff. The functions prescribed by the National Climate Program Act, as amended, 15 U.S.C. § 2901 et seq.), but the Secretary reserves the authority to:
1. Submit 5-year plans to Congress under subsection 5(d)(9) of the Act;
2. Establish the Interagency Climate Program Policy Board under subsection 5(e) of the Act; and
3. Submit the annual report to the President and the authorizing committees of Congress under Section 7 of the Act, as amended.
gg. The following functions prescribed by the Outer Continental Shelf Lands Act Amendments of 1978 (P.L. 95-372, September 18, 1978):
1. The conduct of environmental studies and monitoring of the Outer Continental Shelf for the Secretary of the Interior as authorized by Section 20 of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. § 1346);
2. The conduct of studies of underwater diving techniques and equipment suitable for protection of human safety and improvement of diver performance as authorized by Section 21(e) of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. § 1347(e));
3. Title IV of P.L. 95-372, regarding the Fisherman's Contingency Fund, except that the Secretary reserves the authority to submit the annual report to Congress required by Section 406 (43 U.S.C. § 1846); and
4. Responsibilities regarding assertion of claims against the Offshore Oil Pollution Compensation Fund for injury to or damage of natural resources and to expenditures of sums recovered for the restoration, rehabilitation, or acquisition of equivalent natural resources as authorized by subsection 303(b)(3) of Public Law 95-372 and delegated to the Secretary by E.O. 12123, February 26, 1979.
hh. The functions assigned to the Secretary by the Antarctic Conservation Act of 1978 (P. L. 95-541).
ii. The functions assigned to the Secretary by the Fish and Wildlife Improvement Act of 1978 (P.L. 95-616).
jj. The functions contained in Title 11 of P.L. 96-199, March 5, 1980, 94 Stat. 74, the Channel Islands National Park Act.
kk. The functions prescribed in the Acid Precipitation Act of 1980 (42 U.S.C. § 8902).
ll. The functions prescribed in the Chesapeake Bay Research Coordination Act of 1980, 42 U.S.C. § 8902.
mm. The following functions regarding response to releases of hazardous substances or discharges of oil, and the resulting claims for damages to natural resources, as authorized by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, (42 U.S.C. §§ 9601-9675), and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§ 1251-1387), and delegated to the Secretary by E.O. 12580, (52 FR 2923, January 29, 1987), and the Oil Pollution Act of 1990, 33 U.S.C. §§ 2701-2762, and delegated to the Secretary by E.O. 12777, 56 F.R. 5475, October 22, 1991:
1. The functions of federal trustee of natural resources, including conduct of damage assessments, assertion of damage claims, agreements to covenants not to sue, preparation of natural resource restoration, rehabilitation, or replacement or acquisition plans, and expenditures of amounts recovered as damages to restore, rehabilitate, replace, or acquire the equivalent of such natural resources damaged or lost, as authorized by Sections 104(b), 106(a), 107(f), 111(b), 111(c), 111(i), and 122(j) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. §§ 9604(b), 9607(f), 9611(b), 9611(c), 9611(I), and 9622(j), and as authorized by Section 311(f) (5) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1321(f)(5), and delegated to the Secretary by Sections 1(c) and 5(d) of E.O. 12580 of January 23, 1987, and as authorized by Section 1006 of the Oil Pollution Act of 1990 and delegated to the Secretary by Sections 1(c), 7(a)(2) and 10 of E.O. 12777 of October 18, 1991. In carrying out these functions, the Under Secretary/Administrator will consult with the Under Secretary for Economic Affairs on matters of economic policy;
2. The function of membership on the National Response Team, including responsibility relating to response coordination, promulgation of regulations and guidelines, and amendment of the National Contingency Plan, prescribed for the Department of Commerce by Sections 1(a)(l), 1(a) (2), l(d), 2(b), and 11(f) of Executive Order 12580. And Section 1(c) of E.O. 12777 of October 18, 1991. In carrying out these functions, the Under Secretary/Administrator will consult with the Under Secretary for Economic Affairs on matters of economic policy; and
3. The function of membership on the Environmental Protection Agency budget task force and associated responsibilities including preparation and negotiation of financial submissions, prescribed for the Department of Commerce by Section 9(c) and 9(d) of E.O. 12580.
nn. The functions assigned to the Secretary by the Lacey Act Amendments of 1981 (P.L. 97-79).
oo. The functions assigned to the Secretary by the Northern Pacific Halibut Act of 1982 (P.L. 97-176).
pp. The functions assigned to the Secretary by the Fur Seal Act Amendments of 1983 (P.L. 98-129).
qq. The functions assigned to the Secretary by the Land Remote Sensing Policy Act of 1992, P.L. 102-555, 51 U.S.C. § 60121 et seq., regarding the licensing of private remote sensing space systems, and PDD/NSTC-3, as amended (Presidential Decision Directive/National Science and Technology Council), Landsat Remote Sensing Strategy; and NSPD-27 (National Security Presidential Directive), U.S. Commercial Remote Sensing Policy.
rr. The functions prescribed in Title II of P.L. 98-364 (16 U.S.C. § 1463b), regarding the establishment of a National Coastal Resources Research and Development Institute.
ss. The functions assigned to the Secretary by the Atlantic Striped Bass Conservation Act (P.L. 98-613, October 31, 1984), except that the Secretary retains the right to be advised before final action declaring a moratorium is taken.
tt. The functions assigned to the Secretary by the National Fishing Enhancement Act of 1984 (artificial reefs), 33 U.S.C. § 2101 et seq.
uu. The functions assigned to the Secretary by the Antarctic Marine Living Resources Convention Act of 1984 (Title III of P.L. 98-623, November 8, 1984).
vv. The functions assigned to the Secretary by the Atlantic Salmon Convention Act of 1982, 16 U.S.C. § 3602 et seq.
ww. The functions assigned to the Secretary by the Eastern Pacific Tuna Licensing Act of 1984, 16 U.S.C. § 972 et seq.
xx. The functions assigned to the Secretary by the Pacific Salmon Treaty Act of 1985, 16 U.S.C. § 3631 et seq.
yy. The functions assigned to the Secretary by the Fish and Seafood Promotion Act of 1986 (Title II of P.L. 99-659, November 14, 1986), except that the Under Secretary/Administrator shall advise the Secretary before any final action is taken with respect to appointment of the National Council under Sections 207(a)(5) and 210(f) of the Act, and the appointment or removal of all seafood marketing council members.
zz. The functions assigned to the Secretary by the Interjurisdictional Fisheries Act of 1986, 16 U.S.C. § 4101 et seq., except that the Secretary reserves the authority to submit the biennial report to Congress under Section 307 of the Act.
(aa) The functions assigned to the Secretary by the South Pacific Tuna Act of 1988, as amended, 16 U.S.C. § 973-973r.
(bb) The functions assigned to the Secretary by Section 6217 of P.L. 101-508, 16 U.S.C. §1455b.
(cc) The functions assigned to the Secretary by the Florida Keys National Marine Sanctuary and Protection Act (P.L. 101-605, November 16, 1990).
(dd) The functions assigned to the Secretary under the Coastal Wetlands Planning, Protection and Restoration Act, 16 U.S.C. §§ 3951-3952.
(ee) The functions assigned to the Secretary by the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. § 839 et seq.
(ff) The functions assigned to the Secretary by the Dolphin Protection Consumer Information Act, as amended, 16 U.S.C. § 1385.
(gg) The functions assigned to the Secretary by the Driftnet Impact Monitoring, Assessment and Control Act (16 U.S.C. § 1822 note).
(hh) The functions assigned to the Secretary concerning certificates of legal origin for anadromous fish products (16 U.S.C. § 1822 note).
(ii) The functions assigned to the Secretary by the Small Hydroelectric Power Projects Act (16 U.S.C. §§ 2701-2708).
(jj) The functions assigned to the Secretary by the National Aquaculture Act (16 U.S.C. §§ 2801-2810).
(kk) The functions assigned to the Secretary by the Federal Water Pollution Control Act (33 U.S.C. § 1344).
(mm) The functions assigned to the Secretary by Section 609 of the Commerce, State, Justice Appropriations Act of 1990 (shrimp embargo) (P.L. 101-162).
(nn) The functions assigned to the Secretary by the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (16 U.S.C. 5101), except that the Under Secretary/Administrator shall advise the Secretary before any final action is taken with respect to declaring a moratorium under 16 U.S.C. § 5106.
(oo) The functions prescribed by the Hawaiian Islands National Marine Sanctuary Act (P.L. 102-587, Title II, Subtitle C).
(pp) The authority to appoint the Director of the Chesapeake Bay Estuarine Resources Office under Section 307 of the NOAA Authorization Act of 1992, including P.L. 102-567.
(qq) The functions assigned to the Secretary under the High Seas Driftnet Fisheries Enforcement Act, 16 U.S.C. § 1826a-c, except that the Secretary reserves the authority to identify a driftnetting nation under Section 101(b)(1); and the functions assigned to the Secretary by the High Seas Driftnet Fishing Moratorium Protection Act, 16 U.S.C. § 1826d-k, except the authority to identify a nation under Sections 609(a) and 610(a) is reserved.
(rr) The functions assigned to the Secretary by the High Seas Fishing Compliance Act of 1995, 16 U.S.C. §§ 5501-5509.
(ss) The functions assigned to the Secretary by the Northwest Atlantic Fishing Convention Act of 1995, 16 U.S.C. §§ 5601 et seq.
(tt) The functions authorized to the Secretary by the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 2004, P.L. 108-199, Division B, Title II, 118 Stat. 3 at 71 (January 23, 2004), to designate the Joint and Cooperative Institutes with which the Department may enter into cooperative agreements to use the personnel, services, or facilities of such organizations for research, education, training, and outreach.
(uu) The functions authorized to the Secretary under 44 U.S.C. 1307, commonly called the Chart Pricing Statute, to annually establish prices for nautical charts and related navigation information and publications of NOAA.
(vv) The functions authorized to the Secretary under Section 305 of P.L. 107-372, for the administration of a Hydrographic Services Review Panel, except that the Secretary reserves the right to establish the Panel.
(ww) The functions authorized to the Secretary under Section 111(b) of P.L. 104-297, as amended, to establish a program to award Western Pacific demonstration grants.
(xx) The functions assigned to the Secretary by the Tuna Conventions Act of 1950, as amended, 16 U.S.C. § 951 et seq.
(yy) The functions assigned to the Secretary by the Hydrographic Services Improvement Act of 1998, as amended, 33 U.S.C. §§ 892, 892a-892d.
(zz) The functions assigned to the Secretary by the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, 16 U.S.C. § 1451 note.
(aaa) The functions assigned to the Secretary by the Oceans and Human Health Act, enacted on December 8, 2004, as Division B, Title IX of the Consolidated Appropriations Act of 2005.
(bbb) The authority conveyed to the Secretary under the Pacific Whiting Act of 2006, (P.L. 109-479, Title VI).
(ccc) The functions assigned to the Secretary by the Western and Central Pacific Fisheries Convention Implementation Act, 16 U.S.C. §§ 6901 et seq., except that the Secretary reserves the authority to make any recommendations for Presidential appointments of United States Commissioners.
(ddd) The functions of the Secretary authorized by 15 U.S.C. § 1532 regarding research, analysis and dissemination of predictions and warnings of electromagnetic wave propagation conditions and solar disturbances.
(eee) The functions of the Secretary authorized by 33 U.S.C. § 706 regarding operating and maintaining a Hydroclimatic Network of information services on precipitation, flood forecasts, and flood warnings.
(fff) The functions of the Secretary authorized by Title IV of Public Law 108-219, 16 U.S.C. § 1821 note, relating to the Secretary's authority to implement US-Canada Pacific Albacore Treaty and its annexes.
(ggg) The functions of the Secretary authorized by the San Joaquin River Restoration Settlement Act of 2009 (P.L. 111-11, Title X, Subtitle A).
(hhh) The functions of the Secretary authorized by Title II of P.L. 107-77, 16 U.S.C. § 1456d, establishing a Coastal and Estuarine Land Conservation Program.
(iii) The functions of the Office of Space Commercialization as provided for by 51 U.S.C. §§ 50701-50703.
.02 The Under Secretary/Administrator may exercise other authorities of the Secretary as appropriate to performing the functions assigned in this Order.
.03 Under authority delegated from the CFO/ASA, the Under Secretary/Administrator shall provide common administrative services to Department of Commerce field components. The Under Secretary/Administrator shall have overall management responsibility for the provision of these services, and the CFO/ASA shall be responsible for providing policy guidance.
.04 In addition to the authorities delegated above, the Under Secretary/Administrator has been assigned by law the authority to perform the following functions:
a. The functions prescribed by the Deep Seabed Hard Mineral Resources Act, 30 U.S.C. § 1401 et seq.
b. The functions prescribed by the Ocean Thermal Energy Conservation (OTEC) Act of 1980, 42 U.S.C. § 9101 et seq.
c. The functions prescribed by the Deepwater Ports Act, 33 U.S.C. §§ 1504-5.
d. The functions prescribed by the OTEC Research and Development Act. 42 U.S.C. §§ 9002 and 9005.
e. The functions prescribed by the Non-indigenous Aquatic Nuisance Prevention and Control Act of 1990, 16 U.S.C. § 4701 et seq.
f. The functions of the Secretary authorized by 15 U.S.C. § 1540, regarding promoting public understanding of NOAA.
g. The functions prescribed by the Coral Reef Conservation Act of 2000, 16 U.S.C. § 1451 et seq.
h. The functions prescribed by the Tsunami Warning and Education Act of 2004, 33 U.S.C. § 3201 et seq.
i. The functions authorized by the America COMPETES Act of 2007, as amended, 33 U.S.C. §§ 893, 893a and 893b.
j. The functions authorized by 42 U.S.C. §§ 10361-10370, regarding the assessment of global climate change on water resources.
k. The functions authorized by 33 U.S.C. §§ 3401-3406, establishing a national ocean exploration program and national undersea research program.
l. The functions authorized by the NOAA Undersea Research Program Act of 2009, 33 U.S.C. § 3421 et seq.
m. The functions authorized by the Ocean and Coastal Mapping Integration Act, 33 U.S.C. § 3501 et seq.
n. The functions authorized by the Integrated Coastal and Ocean Observation System Act of 2009, 33 U.S.C. § 3601 et seq.
o. The functions authorized by the Federal Ocean Acidification Research and Monitoring Act of 2009, 33 U.S.C. § 3701 et seq.
p. The functions authorized by the Marine Debris Research, Prevention, and Reduction Act, 33 U.S.C. § 1951 et seq.
.05 The Under Secretary/Administrator may exercise or delegate his/her authority in the capacity of either Under Secretary or Administrator, and may delegate such authority to any employee of NOAA subject to such conditions in the exercise of that authority as the Under Secretary/Administrator may prescribe, or as may be prescribed in this Order.
SECTION 4. FUNCTIONS.
To ensure the safety and welfare of the public, and to further the Nation's interests and activities for: the protection of public health against environmental pollution, the protection and management of the Nation's biological, mineral, and water resources; the maintenance of environmental quality; agriculture, fisheries, industry, transportation, communications, space exploration, national defense; and the preservation of the Nation's wilderness and recreation areas, the Under Secretary/ Administrator shall direct the performance of the following functions:
a. Observe, collect, communicate, analyze, and disseminate comprehensive data and information about the state of the upper and lower atmosphere, of the oceans and the resources thereof including those in the seabed, of marine and anadromous fish and related biological resources, of inland waters, and of the Earth, the Sun, and the space environment;
b. Prepare and disseminate predictions of the future state of the environment and issue warnings of all severe hazards and extreme conditions of nature to all who may be affected;
c. Provide maps and charts of the oceans and inland waters for navigation, geophysical and other purposes, aeronautical charts, and related publications and services;
d. Operate and maintain a system for the storage, retrieval and dissemination of data regarding the state and resources of the oceans and inland waters including the seabed, and the state of the upper and lower atmosphere, and of the Earth, the Sun, and the space environment;
e. Coordinate efforts of federal agencies in support of national and international programs as assigned, such as federal meteorological services and supporting research, World Weather Program, National Networks of Geodetic Control, Integrated Global Ocean Station System, and Marine Environmental Prediction, Mapping and Charting;
f. Administer a program of sea grant colleges and education, training and research in the field of marine science, engineering and related disciplines as provided in the Sea Grant College Program Act of 1966, as amended;
g. Perform basic and applied research and develop technology regarding the state and use of resources of the oceans and inland waters, including the seabed, the upper and lower atmosphere, the Earth, the Sun, and the space environment, as may be necessary or desirable to develop an understanding of the processes and phenomena involved;
h. Perform research and develop technology regarding the observation, communication, processing, correlation, analysis, dissemination, storage, retrieval, and use of environmental data as may be necessary or desirable to permit NOAA to discharge its responsibilities;
i. Acquire, analyze, and disseminate data, and perform basic and applied research on electromagnetic waves, as necessary, in performing other functions assigned herein; prepare and issue predictions of atmospheric, ionospheric and solar conditions, and warnings of disturbances thereof; and acquire, analyze, and disseminate data, and perform basic and applied research on the propagation of sound waves, and on interactions between sound waves and other phenomena;
j. Administer a program for the protection, management, and conservation of marine mammals and endangered species; and manage the fur seal herds of the North Pacific Ocean;
k. Perform economic studies, education, and other services regarding development, management and utilization of marine and anadromous fisheries, administer grant-in-aid, fishery products inspection, financial and technical assistance, and other programs to conserve and develop fisheries resources and to foster and maintain a workable climate for industry to produce efficiently under competitive conditions;
l. Develop and implement policies on international fisheries and other marine living resources, including the negotiation and implementation of agreements, conventions, and treaties in that area; and enforce provisions of international treaties and agreements on fishing activities of United States nationals and perform surveillance of foreign fishing activities;
m. Participate in technical assistance for fishery development projects in foreign countries;
n. Develop technology and carry out scientific and engineering data collection and analysis and other functions to assess, monitor, harvest, and use marine and anadromous fishery resources and their products;
o. As a Department-wide responsibility, coordinate the requirements for and the management and use of radio frequencies by all organizations of the Department of Commerce;
p. Administer a national government program to preserve, protect, develop, and where possible restore or enhance the land and water resources of the coastal zones, including grants, loans, and loan guarantees to the states and interagency coordination and cooperation, as provided by the Coastal Zone Management Act of 1972, as amended;
q. Administer a marine sanctuaries program to conserve and manage areas of the marine environment for their conservation, recreational, ecological, historical, research, educational, or esthetic qualities;
r. Administer a deep seabed hard minerals resources program to license the exploration for and commercial recovery of hard mineral resources of the deep seabed by citizens of the United States; to encourage conservation of such resources; to protect the quality of the environment; and to encourage continued technological development;
s. Administer a program to license the construction, location, ownership, and operation of ocean thermal conversion facilities and plantships under the control of citizens of the United States or within United States territorial waters;
t. Participate in a national government program for response to discharges of oil and hazardous substances, including administration of a program to assess and collect damages for loss of or injury to natural resources in marine ecosystems, and to prepare and implement natural resource restoration and replacement plans; and
u. Provide common administrative support services to Department of Commerce field components through the Administrative Support Centers.
SECTION 5. ADMINISTRATIVE LAW JUDGE.
.01 With respect to the functions delegated by this Order, the Under Secretary/Administrator is delegated authority to arrange for an Administrative Law Judge to preside at hearings:
a. Required to be determined on the record under Section 5 of the Administrative Procedure Act, 5 U.S.C. 554;
b. Required by statute; or
c. Required or established by, or provided for in, agency regulations.
.02 The Under Secretary/Administrator may also assign such other duties, including handling of informal hearings, that are not inconsistent with the duties and responsibilities of an Administrative Law Judge.
.03 Hearings shall be conducted in accordance with applicable procedures pursuant to the statutes noted in this Order and regulations promulgated under the statutes.
SECTION 6. EFFECT ON OTHER ORDERS.
This Order supersedes Department Organization Order 10-15, dated March 11, 2011.
Signed By: Secretary of Commerce