ted to the National Oceanographic Data Center, National Geophysical and Solar Terrestrial Data Center, and other centers as desired by EPA. SECTION III. IMPLEMENTATION A. Each agency will designate a staff member as responsible for coordinating implementation of the provisions of the Interagency Agreement. These staff members will be responsible for establishing channels of communication and coordination within their respective agencies. B. The agency coordinators will be responsible for establishing a schedule of baseline surveys which take into account EPA's priorities and needs; and the budgetary resources and capabilities of each agency. Budget requests will be developed in coordination with a concerted effort to program adequate resources. EPA will support NOAA's request to OMB for resources to conduct the agreed upon program. Provisions for reimbursement will be made as necessary, where NOAA budgetary resources are not adequate to meet EPA's schedule and priorities, particularly when these occur without adequate lead time for budgetary planning. C. The agency coordinators may, as determined necessary, explore the feasibility of cooperative programs including but not limited to (1) establishment of a mutually supported centralized staff to design and implement ocean surveys for dumpsite characterization purposes, (2) formation of bilateral EPA/NOAA ad hoc committees for special purposes associated with dumpsite characterization, e.g., for survey finding assessment and analysis, and (3) possible dedication of NOAA vessels and/or EPA laboratories for periods of time. D. The Administrators or their designated policy representatives shall meet annually to receive a report on implementation of the provisions of this Interagency Agreement. The report shall include: (1) Progress reports covering completed and ongoing baseline surveys and evaluations of ocean dumping sites. (2) An agreed upon program of work for the coming year. (3) Estimated budgets for both agencies required to fund the program. (4) Any problems being encountered in implementation of the program. E. Each agency shall apprise the other prior to the issuance of releases to the news Media of preliminary findings and final conclusions of baseline surveys and evaluations carried out cooperatively pursuant to this agreement. F. Interagency agreements on individual surveys or for provision of special services in support of the ocean dumping permit program must be approved by the respective agency coordinators before they are effective. SECTION IV. OTHER A. Nothing contained herein shall abrogate the statutory responsibility or authority of either agency signatory to this agreement. B. This agreement may be terminated by the Administrator or either agency by written notification at least 60 days prior to effective date of termination. Terms and provisions of this agreement may be modified by concurrence of both agency coordinators or their representatives and approval by the Administrators of both agencies. JOHN W. TOWNSEND, Jr., Associate Administrator, National Oceanic and Atmospheric Administration. Assistant Administrator, Mr. BREAUX. How about under section 202? Dr. HESS. There is no memorandum there. Mr. BREAUX. What is your Agency's total budget for research and development as regards ocean pollution? Could you give us that? Dr. Hess. I will supply information for the record on that. I would estimate it between $10 million and $15 million. However, if we include: (1) ship time in support of R. & D.; (2) instrumentation development and testing; (3) Sea Grant support of research and (4) Great Lakes research, the total would be much higher. Mr. BREAUX. Out of a total research and development budget of how much? Dr. Hess. I will have to supply that for the record. Our books are not kept quite in that fashion. [The following was received for the record:] Research and Development, NOAA-fiscal year 1978 Total R. & D. (atmospheric and marine).. Marine environmental R. & D.. Reimbursable R. & D. funded by BLM, EPA and FEA (estimate). Dollars in millions 155 150 22 'In addition there are parts of other programs such as resource assessments, that are not specifically identified as environmental research, but supply valuable environmental data. Mr. BREAUX. EPA had stated that they have a total R. & D. budget of approximately $250 million. Out of that approximately $12 million to $15 million, was done for ocean pollution. Is NOAA in the same area? Dr. HESS. No, sir, I think we have considerably less than that. I would estimate it under $100 million. Mr. BREAUX. So you are spending, percentagewise, more for ocean dumping research and development than EPA would be, I guess? Dr. HESS. I think that is correct. Mr. BREAUX. One of the things that gives me some concern, I will not hold you to those figures, but your are the lead agency as far as the oceans are concerned, and yet what you are saying is that your research and development for ocean pollution is only about 10 percent of your total research and development effort as an agency, which strikes me as surprisingly small. Dr. Hess. It is difficult to categorize a particular program as research, as opposed to management. As an example, some of the things that we do in the National Marine Fisheries Service in support of the Fishery Conservation and Management Act could be put in either category. I think probably I should supply something for the record on this point. Mr. BREAUX. I think it would be helpful to give us a breakdown of what your Agency is spending in the area of ocean pollution research and development. It would be helpful to list the type of programs that come under that program, and how much is being spent in each part. Dr. HESS. We will do that. [The following was received for the record:] Mr. BREAUX. Mr. Pritchard? Mr. PRITCHARD. Thank you, Mr. Chairman. I have no questions of Dr. Hess, except to say that I join in agreement with what he said in his approach to this particular bill. Dr. HESS. If it is all right, Mr. Chairman, I would like to pick up on the question that Mr. Pritchard asked Mr. Gage of EPA concerning the problems of municipal wastewater disposal in the Puget Sound area. Mr. PRITCHARD. I would be delighted. Dr. HESS. We have a research program looking specifically at that problem. It is called the MESA Puget Sound Project. It has two objectives, one is to look at the central basin, and the other has to do with the problems of oil in the northern area. the program has been underway for about a year, and as I said, it is a relatively small effort at this time, but we do feel that within the next year we should have something useful to say about the question of the necessity for secondary treatment. Mr. PRITCHARD. Well, I appreciate that. What we would like to do is not be forced into some action until that study is completed. If this action is determined to be necessary, then it is necessary, but the pressure has already been exerted on us to take some steps to start secondary treatment, even though this study by NOAA has not been completed. I am aware of what you are saying. This is not just the Puget Sound area, you have it off California, and off Hawaii, and I really feel upset when EPA is pushing us down one road, and yet we have not yet done the research to know whether that is in the best interest or not. So I appreciate what you people are doing there, and we are very anxious that we get some answers to these important questions so that we can make some sound economic decisions regarding water quality in Puget Sound. Thank you, Dr. Hess. Mr. BREAUX. Well, Dr. Hess, I guess your bottom line is that the administration and your Agency do not support legislation before us at this time, because it is not timely, and because you think you have the existing authority. I quite frankly feel that while your Agency may have authority, that there has not been a lot done. Particularly, I am looking at section 202 of the Ocean Dumping Act. Now, there are a lot of reasons. You listed three, and I listed a fourth one, which is no money, which is probably the largest reason. I do not think there is enough thinking about the section 202. Either we are going to get aggressive under that section, or Congress is going to end up in duplication, end up mandating that it be done, and hopefully shake someone loose in OMB, in order for the money to be appropriated. Whether it is going to be EPA or NOAA, or the Coast Guard, or the Corps, someone is going to have to really get aggressive and get active in the area of research and development as far as ocean pollution is concerned. Right now we have the shotgun type of approach, and it isn't working, and there are a lot of reasons why it is not. I am not putting it all at the doorstep of NOAA, but the money is one of the most crucial problems why it is not running. You cannot run a research and development program if you do not have the funds. I am not sure that that has been sought out as aggressively as I would have liked it to have been. I hope to work with you in the future very closely. We would hope a great deal of attention on the part of NOAA would be given to section 202 of title II of the Dumping Act. I do not know if I asked this or not of your Agency, Dr. Hess. Could you give us, for the record, a listing of the existing laws, and any Executive orders, under which NOAA is presently given authority to establish and administer any programs relating to ocean pollution research? Therefore, we could have before us a collection of different areas of your authorization for these types of programs, and to try to straighten it out. Dr. HESS. Yes, sir, Mr. Chairman, we will supply it. [The following was received for the record:] MARINE RESEARCH LEGISLATION The following is a list of the more pertinent legislative authorities pertaining to marine research. Attached to the list, for your convenience, are a few excerpts from each of the statutory authorities pinpointing research and development. We have only included the more obvious sections. NOAA LEGISLATIVE AUTHORITIES FOR MARINE RESEARCH Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.C. 1401-1444, 16 U.S.C. 1431-1434. Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1407. Fishery Conservation and Management Act of 1976, 16 U.S.C. 1801-1882. Coastal Zone Management Act of 1972, 16 U.S.C. 1451, et seq. Coastal Zone Management Act Amendments of 1976, P.L. 94-370. Fish and Wildlife Act of 1956, 16 U.S.C. 742a-74K. Fish and Wildlife Coordination Act, 16 U.S.C. 661-666C. Sea Grant Program Improvement Act, 1976, 33 U.S.C. 1121 et seq. Endangered Species Act of 1973, 16 U.S.C. 1531-1543. Special Energy Research and Development Appropriation Act, 1975, P.L. 93-322. Migratory Game Fish Study Act, 16 U.S.C. 760e-760g. Commercial Fisheries Research and Development Act of 1964, 16 U.S.C. 779–779f. The Act of August 4, 1947 (The Farrington Act), 16 U.S.C. 758-758d. 33-546 - 78 - 13 North Pacific Fisheries Act of 1974, 16 U.S.C. 1021-1032. Atlantic States Marine Fisheries Commission Act, 16 U.S.C. 667a. Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401-1444; 16 U.S.C. 1431-1434) Title II. Comprehensive Research on Ocean Dumping Sec. 201. Secretary of Commerce shall * initiate a comprehensive and continuing program of monitoring and research regarding the effects of the dumping of material into ocean waters or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters and shall report from time to time, not less frequently than annually, his findings (including an evaluation of the short-term ecological effects and the social and economic factors involved) to the Congress. Sec. 202. (a) The Secretary of Commerce * * shall * * initiate a comprehensive and continuing program of research with respect to the possible long-range effects of pollution, overfish, and man-induced changes of ocean ecosystems. Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) Sec. 1361. (4) Negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals; Sec. 1362. (2) The terms "conservation" and "management" means Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research Sec. 1378. (b)(1) In addition to the foregoing, the Secretary shall— (A) in consultation with the Marine Mammal Commission established by section 1401 of this title, undertake a study of the North Pacific fur seals to determine whether herds of such seals subject to the jurisdiction of the United States are presently at their optimum sustainable population and what population trends are evident; and * Sec. 1379. (b) The Secretary is authorized to make grants to states programs shall include planning and such specific activities including but not limited to research * Sec. 1380. (a) The Secretary is authorized to make grants, or to provide financial assistance to any Federal or State agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects which are relevant to the protection and conservation of marine mammals. Sec. 1381. (a) Research and development program; report to Congress; authorization of appropriations. The Secretary is hereby authorized and directed to immediately undertake a program of research and development for the purpose of devising improved fishing methods and gear so as to reduce to the maximum extent practicable the incidential taking of marine mammals in connection with commercial fishing. Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801-1882) Sec. 304. (e) Fisheries Research.-The Secretary shall initiate and maintain a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such progam shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matters bearings upon the abundance and availability of fish. Coastal Zone Management Act of 1972 (16 U.S.C. 1451. et seq.) Sec. 305. The Secretary is authorized to make annual grants to any coastal state for the purpose of assisting in the development of a management program for the land and water resources of its coastal zone. (b) Such management program shall include: (3) an inventory and designation of areas of particular concern within the coastal zone. Sec. 312. Estuarine Sanctuaries.-The Secretary, in accordance with rules and regulations promulgated by him, is authorized to make available to a coastal state grnts of up to 50 percentum of the costs of acquisition, development, and operation of estuarine sanctuaries for the purpose of creating natural field laboratories to gather data and make studies of the natural and human processes within the estuaries of the coastal zone. |