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The Integrated Coastal and Oceans Observation System Act of 2009 : Implementation

This text provides an update on the implementation of the Integrated Coastal and Oceans Observation System Act of 2009, including progress on data management and communications, public/private use policy, certification of non-federal assets, gap analysis and capital improvements, and the establishment of a System Advisory Council.

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The Integrated Coastal and Oceans Observation System Act of 2009 : Implementation

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  1. The Integrated Coastal and Oceans Observation System Act of 2009:Implementation 2009 IOOS Regional Coordination Workshop Thursday, August 27

  2. Implementing the Act • Signed March 30, 2009. • Includes a long list of “to do” items for all: Council, the Committee, NOAA, federal agencies, regions. • Starting with Top Five Near-Term Items: 1. Data Management & Communications 2. Public/Private Use Policy 3. Certifying Non-Federal Assets 4. Gap Analysis & Capital Improvements 5. System Advisory Council

  3. Data Management & Communications Section 12304 (c)(3)(J) = NOAA shall develop and be responsible for a data management and communication system by which all data collected by the System are processed, stored, integrated, and made available to end-user communities. • Already underway and making significant progress. • DIF is adopting standards and protocols for ocean and coastal data to improve access and compatibility of associated data sets. • All eleven regions are using a model data interoperability framework, providing DMAC compliant model output files. • Regions are adopting DIF. Scheduled to bring 5 of 11 regions online by October 2009.

  4. Public/Private Use Policy Section 12308 = The Council shall develop a policy within 6 months…that defines the processes for making decisions about the roles of the federal government, the States, RICEs, the academic community and the private sector in providing to end-user communities information, products and services related to the System. • Conducting a Town Hall session at the Marine Technology Society “Ocean ’09” conference in Biloxi, MS. • Engaging industry for comments and feedback. • Regional input on current policies in place welcomed. Marine Technology for our Future: Global and Local Challenges

  5. Certifying Non-Federal Assets Section 12304 (c)(2)(E): Develop contract certification standards and compliance procedures for all non-federal assets to establish eligibility for certification into the system; AND Section 12304 (c)(3)(C): Promulgate program guidelines to certify and integrate non-federal assets into the System. • Looking at IOOS Development Plan and other foundation documents for guidance on content. • Working with NOS General Counsel to investigate developing standards via federal regulations or guidelines.

  6. Gap Analysis/Capital Improvements Section 12304 (c)(2)(F): identify gaps in observation coverage or needs for capital improvements of BOTH federal and non-federal assets. • Task assigned to the Committee; IWGOO discussion in July • “Airlie House II” meeting tentatively slated for June 2010 • stakeholder input is important • need to scope boundaries in terms of defining “federal assets” • need to reach conclusion on defining IOOS requirements • Related issue: NOAA assigned to develop an annual process for identifying gaps or needs and transmitting to the Committee

  7. System Advisory Committee Section 12304(d)(1): The Administrator shall establish or designate a System Advisory Committee which shall provide advice as requested by the Administrator or the Committee. • Define scope of advice provided to Administrator • National priorities for coastal and ocean observations • Partnership opportunities with the private sector • Expanding education and outreach opportunities • Others? • IWGOO tasked with providing input by September meeting • Other Advisory Panels are a potential option (ex. ORRAP) • Target date for invitations/appointments = Sept 2010

  8. Moving Forward…. • There is much to be done to fully implement the Act. • Timelines are in place but deadlines may slip. • Regular updates planned for Congressional Staff. *Challenge is to continue working to meet the requirements in the Act within the real world processes and structures in place in NOAA, the Department of Commerce and the larger Administration. The effort is ongoing!

  9. Back-Up Slides

  10. Liability • Section (c)(3): For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non-Federal asset or regional information coordination entity incorporated into the System that is participating in the System shall be considered to be part of the National Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or regional information coordination entity, while operating within the scope of his or her employment in carrying out the purposes of this subtitle, with respect to tort liability, is deemed to be an employee of the Federal Government. • First sentence based use and dissemination of data. • Second sentence widely expands scope. • Certification into the System triggers liability protection. • Federal Tort Claims Act &/or Suits in Admiralty Act.

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