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S. 3383 (94th): National Weather Modification Policy Act

The text of the bill below is as of Oct 13, 1976 (Passed Congress).

PUBLIC LAW 94-490—OCT. 13, 1976                                 90 STAT. 2359

Public Law 94-490
94th Congress
                                  An Act
To authorize and direct tlie Secretary of Commerce to develop a national policy     Oct. 13, 1976
               on weather modification, and for other purposes.                       [S. 3383]

  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assenibled^ That this Act may                 National Weather
be cited as the "National Weather Modification Policy Act of 1976".                Modification
                                                                                   Policy Act of
SEC. 2. DECLARATION OF POLICY.                                                     1976.
   (a) FINDINGS.—The Congress finds and declares the following:                    15 u s e 330 note.
        (1^ Weather-related disasters and hazards, including drought,              15 u s e 330 note.
     hurricanes, tornadoes, hail, lightning, fog, floods, and frost, result
     in substantial human suffering and loss of life, billions of dollars
     of annual economic losses to owners of crops and other property,
     and substantial financial loss to the United States Treasury;
        (2) Weather modification technology has significant potential
     for preventing, diverting, moderating, or ameliorating the adverse
     effects of such disasters and hazards and enhancing crop produc-
     tion and the availability of water;
        (3) The interstate nature of climatic and related phenomena,
     the severe economic hardships experienced as the result of occa-
     sional drought and other adverse meteorological conditions, and
     the existing role and responsibilities of the Federal Government
     with respect to disaster relief, require appropriate Federal action
     to prevent or alleviate such disasters and hazards; and
        (4) Weather modification programs may have long-range and
     unexpected effects on existing climatic patterns which are not con-
     fined by national boundaries.
   (b) PuKPOSE.—It is therefore declared to be the purpose of the Con-             Policy.
gress in this Act to develop a comprehensive and coordinated national              Research and
weather modification policy and a national program of weather modifi-              development
cation research and development—                                                   program.
        (1) to determine the means by which deliberate weather modifi-
     cation can be used at the present time to decrease the adverse
     impact of weather on agriculture, economic growth, and the gen-
     eral public welfare, and to determine the potential for weather
        (2) to conduct research into those scientific areas considered
     most likely to lead to practical techniques for drought prevention
     or alleviation and other forms of deliberate weather modification;
        (3) to develop practical methods and devices for weather
        (4) to make weather modification research findings available to
     interested parties;
        (5) to assess the economic, social, environmental, and legal
     impact of an operational weather modification program;
        (6) to develop both national and international mechanisms
     designed to minimize conflicts which may arise with respect to the
     peaceful uses of weather modification; and

90 STAT. 2360 PUBLIC LAW 94-490—OCT. 13, 1976 (7) to integrate the results of existing experience and studies in weather modiification activities into model codes and agreements for regulation of domestic and international weather modification activities. SEC. 3. DEFINITIONS. 15 use 330 note. As used in this Act: (1) The term "Secretary" means the Secretary of Commerce. (2) The term "State" means any State of the United States, the Dis- trict of Columbia, or any Commonwealth, territory, or possession of the United States. (3) The term "weather modification" means any activity performed with the intention and expectation of producing changes in precipita- tion, wind, fog, lightning, and other atmospheric phenomena. SEC. 4. STUDY. 15 use 330 note. The Secretary shall conduct a comprehensive investigation and study of the state of scientific knowledge concerning weather modifi- cation, the present state of development of weather modification tech- nology, the problems impeding effective implementation of weather modification technology, and other related matters. Such study shall include— (1) a review and analysis of the present and past research efforts to establish practical weather modification technology, par- ticularly as it relates to reducing loss of life and crop and prop- erty destruction; (2) a review and analysis of research needs in weather modifi- cation to establish areas in which more research could be expected to yield the greatest return in terms of practical weather modifi- cation technology; (3) a review and analysis of existing studies to establish the probable economic importance to the United States in terms of agricultural production, e n e r ^ , and related economic factors if the present weather modification technology were to be effectively implemented; (4) an assessment of the legal, social, and ecological implica- tions of expanded and effective research and operational v;eather modification projects; (5) formulation of one or more options for a model regulatory code for domestic weather modification activities, such code to be based on a review and analysis of experience and studies in this area, and to be adaptable to State and national needs; (6) recommendations concerning legislation desirable at all levels of government to implement a national weather modification policy and program; (7) a review of the international importance and implications of weather modification activities by the United States; (8) a review and analysis of present and past funding for weather modification from all sources to determine the sources and adequacy of funding in the light of the needs of the Nation; (9) a review and analysis of the purpose, policy, methods, and funding of the Federal departments and agencies involved in weather modification and of the existing interagency coordination of weather modification research efforts;
PUBLIC LAW 94-490—OCT. 13, 1976 90 STAT. 2361 (10) a review and analysis of the necessity and feasibility of negotiating an international agreement concerning the peaceful uses of weather modification; and (11) formulation of one or more options for a model inter- national agreement concerning the peaceful uses of weather modi- fication and the regulation of national weather modification activities; and a review and analysis of the necessity and feasi- bility of negotiating such an agreement. SEC. 5. REPORT. (a) I N GENERAL.—The Secretary shall prepare and submit to the Submittal to President and the Congress, within 1 year after the date of enactment President and of this Act, a final report on the findings, conclusions, and recommenda- Congress. tions of the study conducted pursuant to section 4. Such report shall 15 u s e 33Q note. include: (1) a summary of the findings made with respect to each of the areas of investigation specified in section 4; (2) other findings which are pertinent to the determination and implementation of a national policy on weather modifications; (3) a recommended national policy on weather modification and a recommended national weather modification research and development program which is consistent with, and likely to con- tribute to, achieving the objectives of such policy; (4) recommendations for levels of Federal funding sufficient to support adequately a national weather modification research and development program; (5) recommendations for any changes in the organization and involvement of Federal departments and agencies in weather modification which may be needed to implement effectively the recommended national policy on weather modification and the recommended research and development program; and (6) recommendations for any regulatory and other legislation which may be required to implement such policy and program or for any international agreement which may be appropriate con- cerning the peaceful uses of weather modification, including rec- ommendations concerning the dissemination, refinement, and possible implementation of the model domestic code and interna- tional agreement developed under the specifications of section 4. Each department, agency, and other instrumentality of the Federal Cooperation. Government is authorized and directed to furnish the Secretary any information which the Secretary deems necessary to carry out his func- tions under this Act. (b) OPERATION AND CONSULTATION.—The Secretary shall solicit and consider the views of State agencies, private firms, institutions of higher learning, and other interested persons and governmental entities in the conduct of the study required by section 4, and in the prepara- tion of the report required by subsection (a). SEC. 6. AUTHORIZATION FOR APPROPRIATIONS. (a) There is authorized to be appropriated to the Secretary for the 15 USC 330 note, purposes of carrying out the provisions of this Act not to exceed $1,000,000.
90 STAT. 2362 PUBLIC LAW 94-490—OCT. 13, 1976 (b) Section 6 of the Act entitled "An Act to provide for the report- ing of weather modification activities to the Federal Government'', approved December 18, 1971 (85 Stat. 736; 88 Stat. 1212; 15 U.S.C. 330e), is further amended by striking out "1973, 1974, 1975, 1976, and 1977," and inserting in lieu thereof "1973 through 1980,". Approved Oct. 13, 1976. LEGISLATIVE HISTORY: SENATE REPORT No. 94-859 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 21, considered and passed Senate. Sept. 20, considered and passed House, amended. Sept. 28, Senate concurred in House amendments.