43 U.S.C. § 31k: National Volcano Early…

Summary

Creates a National Volcano Early Warning and Monitoring System inside the United States Geological Survey to watch volcanoes, warn the public, and reduce harm from eruptions. Key terms: "Secretary" means the Secretary acting through the USGS Director. "Secretary of Commerce" means the Commerce Secretary acting through the Under Secretary for Oceans and Atmosphere. "System" means the National Volcano Early Warning and Monitoring System. "Volcanic Ash Advisory Center" means an ICAO‑designated center that warns aviation about volcanic ash. The System must modernize and connect U.S. volcano observatories (including Alaska, California, Cascades, Hawaiian, and Yellowstone), work with NOAA and its ash centers in Anchorage and Washington, D.C., and use technology like modern seismometers, GPS, radar, gas sensors, and drones. It must monitor all U.S. volcanoes at a level that matches their danger by upgrading existing networks, adding new ones, and using geodetic tools when useful. The System will include a 24/7 national watch office, a national data center, and a grants program for monitoring research. The Secretary must make a 5‑year management plan and give it to Congress within 180 days after March 12, 2019, with yearly cost estimates, milestones, and partnership plans; NOAA must give annual cost estimates too. An advisory committee of agencies and scientists will help. The Secretary may partner with universities and states and must coordinate with DOT, FAA, NOAA, and FEMA. The Secretary must report to Congress every year. Funding authorized: $55,000,000 to USGS for fiscal years 2019–2023, and NOAA may receive whatever sums are needed for fiscal years 2023–2024. These funds must add to, not replace, other hazard funding.

Title 43, §31k

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(a)Definitions

In this section: (1) Secretary

(2)Secretary of Commerce

The term “Secretary of Commerce” means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.

(3)System

The term “System” means the National Volcano Early Warning and Monitoring System established under subsection (b)(1)(A).

(4)Volcanic Ash Advisory Center

The term “Volcanic Ash Advisory Center” means an entity designated by the International Civil Aviation Organization that is responsible for informing aviation interests about the presence of volcanic ash in the airspace.

(b)National Volcano Early Warning and Monitoring System

(1)Establishment

(A)In general

The Secretary shall establish within the United States Geological Survey a system, to be known as the “National Volcano Early Warning and Monitoring System”, to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity.

(B)Purposes

The purposes of the System are—

(i)to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which includes the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, and Yellowstone Volcano Observatory;

(ii)to unify the monitoring systems of volcano observatories in the United States into a single interoperative system; and

(iii)to strengthen the warning and monitoring systems of volcano observatories in the United States by integrating relevant capacities of the National Oceanic and Atmospheric Administration, including with the Volcanic Ash Advisory Centers located in Anchorage, Alaska, and Washington, D.C., to observe and model emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions.

(C)Objective

The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by—

(i)upgrading existing networks on monitored volcanoes;

(ii)installing new networks on unmonitored volcanoes; and

(iii)employing geodetic and other components when applicable.

(2)System components

(A)In general

The System shall include—

(i)a national volcano watch office that is operational 24 hours a day and 7 days a week;

(ii)a national volcano data center; and

(iii)an external grants program to support research in volcano monitoring science and technology.

(B)Modernization activities

Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, spectrometry to measure gas emissions, and unoccupied aerial vehicles.

(C)Memorandum of understanding

The Secretary and the Secretary of Commerce shall develop and execute a memorandum of understanding to establish cooperative support for the activities of the System from the National Oceanic and Atmospheric Administration, including environmental observations, modeling, and temporary duty assignments of personnel to support emergency activities, as necessary or appropriate.

(3)Management

(A)Management plan

(i)In general

Not later than 180 days after March 12, 2019, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System.

(ii)Inclusions

The management plan submitted under clause (i) shall include—

(I)annual cost estimates for modernization activities and operation of the System;

(II)annual milestones, standards, and performance goals; and

(III)recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources.

(iii)Update

(I)National Oceanic and Atmospheric Administration cost estimates

The Secretary of Commerce shall submit to the Secretary annual cost estimates for modernization activities and support of the System for the National Oceanic and Atmospheric Administration.

(II)Update of management plan

The Secretary shall update the management plan submitted under clause (i) to include the cost estimates submitted under subclause (I).

(B)Advisory committee

The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary.

(C)Partnerships

The Secretary may enter into cooperative agreements with institutions of higher education and State agencies designating the institutions of higher education and State agencies as volcano observatory partners for the System.

(D)Coordination

The Secretary shall coordinate the activities under this section with the heads of relevant Federal agencies, including—

(i)the Secretary of Transportation;

(ii)the Administrator of the Federal Aviation Administration;

(iii)the Administrator of the National Oceanic and Atmospheric Administration; and

(iv)the Administrator of the Federal Emergency Management Agency.

(E)Collaboration

The Secretary of Commerce shall collaborate with the Secretary to implement activities carried out under this section related to the expertise of the National Oceanic and Atmospheric Administration, including observations and modeling of emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions.

(4)Annual report

Annually, the Secretary shall submit to Congress a report that describes the activities carried out under this section.

(c)Funding

(1)Authorization of appropriations, United States Geological Survey

There is authorized to be appropriated to the United States Geological Survey to carry out this section $55,000,000 for the period of fiscal years 2019 through 2023.

(2)Authorization of appropriations, National Oceanic and Atmospheric Administration

There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section such sums as may be necessary for the period of fiscal years 2023 through 2024.

(3)Effect on other sources of Federal funding

Amounts made available under this subsection shall supplement, and not supplant, Federal funds made available for other hazards activities and programs of the United States Geological Survey and the National Oceanic and Atmospheric Administration.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a)(2) to (4). Pub. L. 117–263, § 10501(a), added pars. (2) and (4) and redesignated former par. (2) as (3). Subsec. (b)(1)(B)(iii). Pub. L. 117–263, § 10501(b), added cl. (iii). Subsec. (b)(2)(B). Pub. L. 117–263, § 10501(c)(1), struck out “and” before “spectrometry” and inserted “, and unoccupied aerial vehicles” after “emissions”. Subsec. (b)(2)(C). Pub. L. 117–263, § 10501(c)(2), added subpar. (C). Subsec. (b)(3)(A)(iii). Pub. L. 117–263, § 10501(d)(1), added cl. (iii). Subsec. (b)(3)(E). Pub. L. 117–263, § 10501(d)(2), added subpar. (E). Subsec. (c)(1). Pub. L. 117–263, § 10501(e)(1), inserted “, United States Geological Survey” after “appropriations” in heading and “to the United States Geological Survey” after “appropriated” in text. Subsec. (c)(2). Pub. L. 117–263, § 10501(e)(3), added par. (2). Former par. (2) redesignated (3). Subsec. (c)(3). Pub. L. 117–263, § 10501(e)(2), (4), redesignated par. (2) as (3), struck out “United States Geological Survey” before “hazards activities”, and inserted “of the United States Geological Survey and the National Oceanic and Atmospheric Administration” after “programs”.

Statutory Notes and Related Subsidiaries

Definition of “Secretary” Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of this title.

§31k National Volcano Early Warning and Monitoring System