NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ATMOSPHERIC AND SATELLITE PROGRAM AUTHORIZATION ACT
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Calendar No. 167
98TH CONGRESS SENATE REPORT
1st Session J t No. 98-109
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
ATMOSPHERIC AND SATELLITE PROGRAM AUTHORIZA-
TION ACT
MAY 16, 1983.-Ordered to be printed
Mr. PACKWOOD, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 1097]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1097) to consolidate and authorize
certain atmospheric and satellite programs and functions of the
National Oceanic and Atmospheric Administration under the De-
partment of Commerce, having considered the same, reports favor-
ably thereon with amendments and recommends that the bill do
pass.
PURPOSE OF BILL
The purpose of this bill is to authorize appropriations for atmos-
pheric and satellite programs of the National Oceanic and Atmos-
pheric Administration (NOAA) for fiscal year 1984. This bill will
allow the Committee to consider, guide and direct the activities in
NOAA's atmospheric and satellite programs.
BACKGROUND AND NEEDS
This bill is one of a series which together provide a comprehen-
sive authorization for NOAA under the Department of Commerce.
NOAA was created by Executive order in 1970 with the primary
responsibility for most of the Federal Government's civilian re-
search, service and regulatory programs affecting the Nation's
oceans and atmosphere. The work of NOAA is critical for efficient
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weather forecasting and the sound management and productive use
of the Nation's ocean and coastal resources.
Included among these programs are those administered by the
National Weather Service, the National Ocean Survey, the Nation-
al Marine Fisheries Service, the Office of Coastal Zone Manage-
ment, and the Office of Sea Grant.
The scope of NOAA's responsibilities has increased considerably
in the 13 years since its formation. In the decade of the 1970's, na-
tional concern for the environment and an awareness of ever in-
creasing demands on our oceanic and atmospheric resources were
reflected by the enactment of a significant number of legislative
initiatives aimed at enhancing environmental protection and pro-
moting wise management of these resources. Several programs
under NOAA were established by these new laws, including:
1. The Marine Mammal Protection Act;
2. The Marine Protection, Research and Sanctuaries Act;
3. The National Ocean Pollution Planning Act;
4. The Endangered Species Act;
5. The Magnuson Fishery Conservation and Management
Act; and
6. The Coastal Zone Management Act of 1972.
This piecemeal growth brought with it a patchwork of authoriza-
tion bills for the agency. Virtually the entire funding authority for the
programs inherited by NOAA in 1970 could be traced to several dozen
acts, all of which provided permanent authorizations. In fact, 85
percent of NOAA's appropriations have been provided pursuant to
permanent authorizations.
The other 15 percent of the agency's funding is covered by mis-
cellaneous annual authorization acts. These annual authorization
acts have little discernible relationship to the NOAA budget struc-
ture. This makes if difficult for authorization provisions to affect
actual programmatic funding levels.
In response to this situation, the Committee began last year to
review all the agency's programs with the goal of enacting regular-
ly expiring authorization legislation covering the entirety of
NOAA. This goal stemmed from two factors:
1. The desire to play an active role in deciding how agency
programs would be carried out and how all its funds would be
spent; and
2. The desire to create a rational connection between the
NOAA budget structure and all existing annual authorizations
affecting the agency's mission.
Earlier legislative attempts have been made to achieve this goal.
In 1982, the Committee reported S. 2605, the "National Oceanic
and Atmospheric Administration Authorization Act". This bill, the
first attempt at a comprehensive authorization bill for NOAA, as-
sembled various ocean and coastal, atmospheric and satellite, fish-
eries, and program support activities into a single bill. A somewhat
less comprehensive authorization bill, H.R. 6324 the "Atmospheric,
Climatic, and Ocean Pollution Act of 1982" was passed by the
House during the 97th Congress. Both bills encountered jurisdic-
tional problems in the Senate and the House and were not enacted.
The new structure provided by the NOAA bills ordered reported
by the Committee on April 21, 1983 achieves the Committees goal
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of. having annual authorizations covering all of NOAA. It is the
Committee's intent that the agency use these acts as its basis for
appropriation requests in the future. At the same time, it should be
noted that the Committee has proposed no statutory prohibition on
appropriation requests being made pursuant to any other law.
However, the Committee expects that these other acts would only
be used as authority for appropriations in special cases where the
task NOAA wishes to carry out is so specific that its funding can
only be justified by reference to an existing standing authorization
not mentioned in this bill. In addition, if such a situation should
arise, the Committee expects that it will be promptly notified by
the appropriate officials of the Department of Commerce.
LEGISLATIVE HISTORY
The Committee on Commerce, Science, and Transportation held
3 days of hearings on four program areas within NOAA. These
were ocean and coastal programs on February 28; fishery programs
on March 10; and atmosphere and satellite programs and program
support on March 14, 1983. Testimony on the atmosphere and sat-
ellite programs as well as program support was received from 7
witnesses, including experts from industry, academia and govern-
ment. The Committee reported S. 1097 by unanimous consent on
April 21, 1983.
SUMMARY OF MAJOR PROVISIONS
The National Oceanic and Atmospheric Administration Atmos-
pheric and Satellite Program Authorization Act includes two statu-
tory programs which require reauthorization for fiscal year 1984
and all of the programs which currently operate under permanent
authorizations. The bill contains a 1-year reauthorization for the
following acts:
1. the Weather Modification Reporting Act (15 U.S.C. 330 et
seq.); and
2. the National Climate Program Act (15 U.S.C. 2901 et seq.).
The authorization of appropriations for fiscal year 1984 is pro-
vided for the atmosphere and satellite programs in NOAA which
are currently under a standing authorization, including the follow-
ing subactivities:
1. Public warning and forecast service;
2. Atmospheric and hydrological research;
3. Satellite services;
4. Satellite systems; and
5. Data and information services.
The bill contains provisions to: (1) limit the Secretary of Com-
merce's ability to transfer the ownership and management of
NOAA's satellites and associated ground station equipment (see
section 601); and (2) require the establishment of public participa-
tion procedures prior to the closure or consolidation of weather
service facilities (see section 602). Substantive amendments to the
National Climate Program Act (see section 604) are also included.
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ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the Standing
Rules of the Senate and section 403 of the Congressional Budget
Act of 1974, the Committee provides the following cost estimate,
prepared by the Congressional Budget Office:
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, D.C., April 25, 1983.
Hon. BOB PACKWOOD,
Chairman, Committee on Commerce, Science, and Transportation,
US. Senate, Dirksen Senate Office Building, Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congres-
sional Budget Act of 1974, the Congressional Budget Office has pre-
pared the attached cost estimate for S. 1097, the National Oceanic
and Atmospheric Administration Atmospheric and Satellite Pro-
gram Authorization Act.
Should the Committee so desire, we would be pleased to provide
further details on this estimate.
Sincerely,
ALICE M. RIVLIN, Director.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
1. Bill number: S. 1097.
2. Bill title: The National Oceanic and Atmospheric Administra-
tion Atmospheric and Satellite Program Authorization Act.
3. Bill status: As ordered reported by the Senate Commerce, Sci-
ence and Transportation Committee, April 21, 1983.
4. Bill purpose: This bill authorizes the appropriation in fiscal
year 1984 of $568 million to the Department of Commerce for the
National Oceanic and Atmospheric Administration (NOAA) to ad-
minister atmospheric and satellite programs, and such sums as
may be necessary for increases in salary, pay, and employee bene-
fits.
The bill stipulates that $271 million of the 1984 authorization is
for NOAA's public warning and forecast service, $55 million is for
atmospheric and hydrological research, $75 million is for satellite
services, $138 million is for satellite systems, and $28 million is for
data and information services. Authorizations for fiscal year 1984
of $100,000 for weather modification reporting and $1 million for
the National Climate Program Act are also included in the bill.
The bill authorizes the appropriation of such sums as may be nec-
essary for fiscal years 1985 and 1986 for the National Climate Pro-
gram Act.
S. 1097 prohibits the transfer of ownership or management of
civil land, meteorological, or ocean remote sensing satellite systems
without Congressional mandate, and limits the conditions under
which National Weather Service stations and forecast offices can
be closed or consolidated. In addition, the bill directs the Secretary
of Commerce to establish and maintain an interagency Climate
Program Policy Board, and abolishes the federal and state coopera-
tive intergovernmental program for climate studies and advisory
services.
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5. Estimated cost to the Federal Government:
By fiscal years, in millions of dollars]
Authorization level:
Specified (function 300) ...................................................................... 568.1 1.3 1.3 ..................................
Estimated (function 920) ..................................................................... 14.1 ......................................................................
Total ................................................................................................. 582.2 1.3 1.3 ..................................
Estimated outlays:
Function 300 ........................................................................................ 386.3 154.3 18.3 11.8 ................
Function 920 ........................................................................................ 12.7 1.4 ....................................................
Total ................................................................................................. 399.0 155.7 18.3 11.8 ................
Basis of estimate: For purposes of this estimate, it was assumed
that amounts authorized in the bill will be appropriated prior to
the beginning of each fiscal year. The estimated authorization for
pay is consistent with the CBO baseline projection assumptions.
Outlays reflect historical spending patterns for these programs.
6. Estimated cost to State and local governments: None.
7. Estimate comparison: None.
8. Previous CBO estimate: None.
9. Estimate prepared by: Anne Hoffman.
10. Estimate approved by: James L. Blum, Assistant Director for
Budget Analysis.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the Standing
Rules of the Senate, the Committee provides the following evalua-
tion of the regulatory impact of the legislation: The bill, as report-
ed, merely provides the vehicle to annually authorize appropri-
ations previously funded pursuant to standing authorization and
will result in no new regulatory burdens. Nearly all of the atmos-
phere and satellite programs have been previously funded through
standing authorization.
SECTION-BY-SECTION ANALYSIS
Section 1.-Short title
The first section of the bill provides that the Act may be cited as
the "National Oceanic and Atmospheric Administration Atmos-
pheric and Satellite Program Authorization Act".
Section 101.-Public warning and forecast services authorization
This section authorizes $270,900,000 to be appropriated for fiscal
year 1984 for public warning and forecast services. These services
have in the past been carried out pursuant to the following stand-
ing authorizations:
1. "An Act to increase the efficiency and reduce the expenses
of the Signal Corps of the Army, and to transfer the Weather
Service to the Department of Agriculture" (15 U.S.C. 311 et
seq.);
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2. "An Act to define the functions and duties of the Coast
and Geodetic Survey, and other purposes," (33 U.S.C. 883a et
seq.); and
3. The Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.).
This authorization may also be used to cover duties relating to
public warning and forecast services specified by any other existing
statute.
The public warning and forecast services provide weather fore-
casts, marine prediction services, hurricane and tornado warning
services, river and flood forecasts and warnings and planning infor-
mation. The Committee supports full funding of these services,
which reduce the loss of life and property through the prediction of
hazardous weather conditions.
Section 201.-Atmospheric and hydrological research authorization
Subsection 201(a) authorizes $55,500,000 to be appropriated for
fiscal year 1984 for atmospheric and hydrological research. This
budget subactivity has in the past been carried out pursuant to the
standing authorization under "An Act to increase the efficiency
and reduce the expenses of the Signal Corps of the Army, and to
transfer the Weather Service to the Department of Agriculture"
(15 U.S.C. 311 et seq.). This authorization may also be used to cover
duties relating to atmospheric and hydrological research specified
by any other existing statute.
Subsection 201(b) clarifies that the $55,500,000 appropriated in
subsection (a) is in addition to moneys provided under the following
annual authorization:
1. the Weather Modification Reporting Act of 1972 (15 U.S.C.
330 et seq.); and
2. the National Climate Program Act (15 U.S.C. 2901 et seq.).
Section 301.-Satellite services authorization
This section authorizes $75 million to be appropriated for fiscal
year 1984 for satellite services. These services have in the past
been carried out pursuant to the following standing authorizations:
1. "An Act to increase the efficiency and reduce the expenses
of the Signal Corps of the Army, and to transfer the Weather
Service to the Department of Agriculture" (15 U.S.C. 311 et
seq.); and
2. Title II of the National Aeronautics and Space Adminis-
tration Authorization Act, 1983 (Public Law 97-324; 96 Stat.
1597).
This authorization may be used to cover duties relating to satel-
lite services specified by any other existing statute.
Section 401.-Satellite systems authorization
This section authorizes $137,600,000 to be appropriated for fiscal
year 1984 for satellite systems. This budget subactivity has in the
past been carried out pursuant to the following standing authoriza-
tions:
1. "An Act to increase the efficiency and reduce the expenses
of the Signal Corps of the Army, and to transfer the Weather
Service to the Department of Agriculture" (15 U.S.C. 311 et
seq.); and
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2. Title II of the National Aeronautics and Space Adminis-
tration Authorization Act, 1983 (Public Law 97-324; 96 Stat.
1597).
This authorization may also be used to cover duties relating to
satellite systems specified by any other existing statute. The Com-
mittee fully supports the continued maintenance of a system of two
polar-orbiting weather satellites.
Section 501.-Data and information services authorization
This section authorizes $27,800,000 to be appropriated for fiscal
year 1984 for environmental data and information services. These
services have in the past been carried out pursuant to standing au-
thorization under "An Act to increase the efficiency and reduce the
expenses of the Signal Corps of the Army, and to transfer the
Weather Service to the Department of Agriculture" (15 U.S.C. 311
et seq.). This authorization may also be used to cover duties relat-
ing to data and information services specified by any other existing
statute.
Section 601.-Limitation of transfer authority
This section limits the ability of the Secretary of Commerce to
"commercialize" NOAA's satellite systems and associated ground
systems. Prior to transferring the ownership or management of the
meterological and weather satellites, the Secretary would be re-
quired to:
1. present to Congress a comprehensive statement of policies,
procedures, conditions and limitations of such transfer; and
2. obtain congressional approval of such a transfer by enact-
ment of law.
The Committee believes that the decision to commercialize
NOAA's satellite systems is a major policy initiative that requires
comprehensive consideration and congressional approval.
Section 602.-Weather service offices
This section requires that the Secretary of Commerce establish
standards, principles and procedures such as public notice, hear-
ings and evidence prior to the closure or consolidation of weather
service facilities. The Committee believes that the decision to close
or consolidate weather service facilities requires careful considera-
tion and public participation.
Section 603.-Weather Modification Reporting Act
This section reauthorizes the Weather Modification Reporting
Act (15 U.S.C. 330 et seq.) authorizing $100,000 in fiscal year 1984.
Section 604.-National Climate Program Act
This section reauthorizes the National Climate Program Act for
3 years and provides for amendments to the National Climate Pro-
gram Act.
Subsection (a) amends section 4 of the National Climate Program
Act and defines the term "Board." Subsection (b) amends section 5
of the act and describes the functions and roles of the National Cli-
mate Program Office in relation to the Board, the budgetary proc-
ess, and other agencies. Subsection (c) describes State and regional
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services of the National Climate program. Subsections (d), (e), and
(f) describe the roles, functions and relations of the Climate Pro-
gram Policy Board and the Board's relation to the National Cli-
mate Program Office. Subsection (g) repeals section 6 of the Nation-
al Climate Program Act. Subsection (h) authorizes appropriations
of $1,189,000 to the National Climate Program Act for fiscal year
1984, and such sums as necessary for fiscal years 1985 and 1986.
Section 701.-Pay increase authorization
This section permits supplemental appropriations to accommo-
date legislated boosts in pay and other employee benefits which
result in increased costs to carry out NOAA's duties covered in this
bill.
ROLLCALL VOTES IN COMMITTEE
In accordance with paragraph 7(c) of rule XXVI of the Standing
Rules of the Senate, the Committee provides the following record
votes during its consideration of S. 1097:
Amendment offered by Senator Pressler regarding legislative
veto over closure or consolidation of Weather Service Offices:
YEAS
Pressler
Exon
Heflin
NAYS
Packwood
Goldwater
Danforth
Kassebauml
Gorton
Stevens
Kasten'
Trible
Hollings
Long
Inouye
Fords
Riegle'
Lautenberg
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill, as
reported, are shown as follows (existing law proposed to be omitted
is enclosed in black brackets, new material is printed in italic, ex-
isting law in which no change is proposed is shown in roman):
THE ACT OF DECEMBER 18, 1971
SECTION 6 OF THAT ACT
SEC. 6. There are authorized to be appropriated $150,000 for the
fiscal year ending June 30, 1972, $200,000 each for the fiscal years
1973 through 1980, [and] $100,000 for the fiscal year ending Sep-
tember 30, 1981, and $100,000 for the fiscal year ending September
30, 1984, to carry out the provisions of this chapter.
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THE NATIONAL CLIMATE PROGRAM ACT
SECTION 4 OF THAT ACT
SEC. 4. DEFINITIONS.
As used in this Act, unless the context otherwise requires:
(1) The term "Board" means the Climate Program Policy Board.
[(1)](2) The term "Office" means the National Climate Program
Office.
UAW The term "Program" means the National Climate Pro-
gram.
[(3)] (4) The term "Secretary" means the Secretary of Com-
merce.
SEC. 5. NATIONAL CLIMATE PROGRAM.
(a)-(b) * * *
(c) NATIONAL CLIMATE PROGRAM OFFICE.-(1) The Secretary shall
establish within the Department of Commerce a National Climate
Program Office not later than 30 days after the date of the enact-
ment of this Act. [The Office shall be the lead entity, responsible
for administering the Program.]
(2) The Office shall-
(A) serve as the lead entity responsible for administering the
program.
(B) be headed by a Director who shall represent the Climate
Program Policy Board and shall be the spokesman for the pro-
gram.
(C) serve as the staff for the Board and its supporting com-
mittees and working groups,
(D) review each agency budget request transmitted under sub-
section (h)(1) and submit an analysis of the requests to the
Board for its review,
(E) be responsible for coordinating interagency participation
in international climate-related activities, and
(F) work with the National Academy of Sciences and other
private, academic, State, and local groups in preparing and im-
plementing the climate plan (described in subsection (d)(9)) and
the program.
The analysis described in subparagraph (D) shall include an analy-
sis of how each agency's budget request relates to the priorities and
goals of the program established pursuant to this Act.
(3) Each Federal officer, employee, department and agency in-
volved in the Program shall cooperate with the Secretary in carry-
ing out the provisions of this Act.
(d) PROGRAM ELEMENTS.-The Program shall include, but not be
limited to, the following elements:
(1)-(6) * *
(7) mechanisms for intergovernmental climate-related studies
and services including participation by universities, the private
sector and others concerned with applied research and advisory
services[;]. Such mechanisms may provide, among others, for the
following State and regional services and functions:
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(A) studies relating to and analyses of climatic effects on ag-
ricultural production, water resources, energy needs, and other
critical sectors of the economy,
(B) atmospheric data collection and monitoring on a
statewide and regional basis,
(C) advice to regional, State, and local government agencies
regarding climate-related issues,
(D) information to users within the State regarding climate
and climatic effects, and
(E) information to the Secretary regarding the needs of per-
sons within the State for climate-related services, information,
and data;
(8) * * *
(9) a preliminary 5-year plan, to be submitted to the Congress for
review and comment, not later than 180 days after the enactment
of this Act, and a final 5-year plan to be submitted to the Congress
not later than 1 year after the enactment of this Act, that shall be
revised and extended [biennially] at a frequency (not more often
than biennially or less often than quadrennially) determined by the
Board. Each plan shall establish the goals and priorities for the
Program, including [the intergovernmental program under section
6] the intergovernmental program described in paragraph (7), over
the subsequent 5-year period, and shall contain details regarding
(A) the role of Federal agencies in the programs, (B) Federal fund-
ing required to enable the Program to achieve such goals, and (C)
Program accomplishments that must be achieved to ensure that
Program goals are met within the time frame established by the
plan.
[(e) ADVISORY COMMITTEE AND INTERAGENCY GROUPS.-(1) The
Secretary shall establish and maintain an advisory committee of
users and producers of climate data, information and services to
advise the Secretary and the Congress on the conduct of the Pro-
gram. Members of such committee shall not be employed by the
Federal Government and may receive compensation at the daily
rate for GS-16 of the General Schedule for each day engaged in the
actual performance of their duties for the committee and while so
serving away from their homes or regular place of business may be
allowed travel expenses, including per diem in lieu of subsistence.
[(2) The Secretary shall establish and maintain such interagency
groups as are necessary and appropriate to assist in carrying out
responsibilities under this Act.]
(e) CLIMATE PROGRAM POLICY BOARD.-(1) The Secretary shall es-
tablish and maintain an interagency Climate Program Policy
Board, consisting of representatives of the Federal agencies specified
in subsection (b)(2) and any other agency which the Secretary be-
lieves should participate in the program.
(2) The Board shall-
(A) be responsible for coordinating planning and progress
review for the program;
(B) review all agency and department budget requests related
to climate transmitted under subsection (h)(1) and submit a
report to the Office of Management and Budget concerning such
budget requests;
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(C) establish and maintain such interagency groups as the
Board determines to be necessary to carry out its activities; and
(D) consult with users and producers of climate data, infor-
mation, and services regarding the conduct of the program.
(3) The Board biennially shall select a Chair from among its
members. A Board member who is a representative of an agency
may not serve as Chair of the Board for a term if an individual
who represented that same agency on the Board served as the
Board's Chair for the previous term.
(f) COOPERATION.-(1) * * *
(2) The Secretary and the Secretary of State shall cooperate with
the Office in (A) providing representation at climate-related inter-
national meetings and conferences in which the United States par-
ticipates, and (B) coordinating the activities of the Program with
the climate programs of other nations and international agencies
and organizations, including the World Meteorological Organiza-
tion, the International Council of Scientific Unions, the United Na-
tions Environmental Program, the United Nations Educational,
Scientific, and Cultural Organization, the World Health Organiza-
tion, and Food and Agriculture Organization.
(g) BUDGETING.-(1) Each Federal agency and department partici-
pating in the Program, shall prepare and submit to the Office of
Management and Budget, on or before the date of submission of de-
partmental requests for appropriations to the Office of Manage-
ment and Budget, an annual request for appropriations for the Pro-
gram for the subsequent fiscal year and shall transmit a copy of
such request to the National Climate Program Office. The Office of
Management and Budget shall review the request for appropri-
ations as an integrated, coherent, multi-agency request.
(2) * * *
[SEC. 6. INTERGOVERNMENTAL CLIMATE PROGRAMS.
[(a) ESTABLISHMENT.-The Secretary shall establish a program
for Federal and State cooperative activities in climate studies and
advisory services. The Secretary is authorized to make annual
grants to any State or group of States, such grants to be made
available to public or private educational institutions, to State
agencies and to other persons or institutions qualified to conduct
climate-related studies or provide climate-related services. Such
grants may be made for not more than 50 percent of the costs, in
any one year, of the research conducted or services provided under
the grant. Federal funds received from other sources shall not be
used to pay the remaining share of the cost of such research or
services. The Secretary shall work with other appropriate mission
agencies in conducting this program.
[(b) DETAIL OF THE INTERGOVERNMENTAL PROGRAM.-The inter-
governmental program shall provide, among others, the following
State and regional services and functions:
[(1) studies relating to and analyses of climatic effects on ag-
ricultural production, water resources, energy needs, and other
critical sectors of the economy;
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[(2) atmospheric data collection and monitoring on a
statewide and regional basis;
[(3) advice to regional, State, and local government agencies
regarding climate-related issues;
[(4) information to users within the State regarding climate
and climatic effects; and
[(5) information to the Secretary regarding the needs of per-
sons within the State for climate-related services, information
and data.
[(C) INTERGOVERNMENTAL PROGRAM REQUIREMENTS.-Prior to
making a grant to any State or group of States under this section,
the Secretary shall find that-
[(1) the State, or each of the States in a group, has adopted
a State climate program in accordance with the provisions of
this Act and rules and regulations promulgated by the Secre-
tary; and
[(2) the State, or each of the States in a group has-
[(A) integrated its climate program with the Program;
and
[(B) established an effective mechanism for consultation
and coordination with Federal and local government offi-
cials and users within the State.
The Secretary shall insure that grants made to a State or
group of States under this section are made on an equitable
basis.]
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