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Wednesday, April 20, 2011

A True Oxymoron; Other Mandatory Discretionary Funds: NOAA Files

$109,015,000.00 That is 190 million, 15 thousand Dollars of Your Money spent on items not really needed; that is why it is called, Discretionary Funds! I want to run for a Political Office. I am a Exploratory Candidate for the US Senate Florida. I Fish, I Vote. I CAN! We, together can put a stop to this out of control spending. Help me, help you put an end to unnecessary spending of your hard earned dollars. Please support my efforts in running as an Exploratory candidate and together we can stop this madness...

Editor's Note: "How, I ask, can anything be of a "Discretionary" act and yet considered Mandatory? Discretionary is an adjective, meaning:

1. having or using the ability to act or decide according to your own discretion or judgment; The commission has discretionary power to award extra funds; discretionary funds; discretionary income; discretionary; Moby Thesaurus II by Grady Ward, 1.0; discretionary;
2. not earmarked; available for use as needed. Aah? and

Mandatory as an adjective means to:

1. Be required by rule; in most schools physical education are compulsory; attendance is mandatory; required reading; mandatory; but as a noun

1. the recipient of a mandate
2. a territory surrendered by Turkey or Germany after World War I and put under the tutelage of some other European power until they are able to stand by themselves.

Two words of total opposite meaning, I'm right, it is a Oxymoron; leave it to NOAA to come up with this ignorant statement and they wonder why they cannot get their act together in shutting down fishing as we know it today; the leasing to private foundations and fleets in owning what is not theirs to own in the first place, our oceans to sea shores. Another Oxymoron, at its best! I think just a bunch of Greedy Moron's about sums it up. Also, no editing needed in this budget proposal; all misspellings to grammar at its best, is courtesy of Dr. Jane and her staff, up there at NOAA, in raping you of badly needed dollars we could be using in mending the US Budget to helping out the homeless!"

The Discretionary Social Fund and Money Management (DWP Research Report)

The Coastal Zone Management Fund (CZMF) was established under the
Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508). The CZMF consists
of loan repayments from the former Coastal Energy Impact Program.
Loans under this program were made prior to 1992, but balances were not
transferred to the General Fund in accordance with the Federal Credit Reform
Act of 1990 (FCRA), even though the account effectively serves as a liquidating
account. To resolve this inconsistency, the Budget proposes to cancel all
balances in the Coastal Zone Management Fund, make future payments to
the Fund subject to FCRA, and eliminate the annual transfer from this account
to the Operations, Research, and Facilities account.

Congress authorized the Coastal Impact Assistance Program (CIAP) in 2001
to assist states in mitigating the impacts from Outer Continental Shelf (OCS)
oil and gas production. Congress appropriated $150,000,000 in FY 2001
to seven coastal states: Alaska, California, Texas, Louisiana, Mississippi,
Alabama, and Florida, to implement this program. Funds were expended
according to Coastal Impact Assistance Plans developed by the states.
NOAA was charged with implementing this program at the federal level. FY
2001 was the only year NOAA received an appropriation for these activities;
however, NOAA continues to receive de-obligations from this grant program,
which are deposited in this account.

The Fishermen’s Contingency Fund (FCF) program minimizes financial
losses of the fishing industry caused by competing uses of the Outer Continental
Shelf (OCS) and provides for timely resolution of claims by vessel
owners. The FCF is authorized under Section 402 of Title IV of the Outer
Continental Shelf Lands Act Amendments of 1978. NOAA compensates U.S.
commercial fishermen for damage or loss of fishing gear, vessels, and resulting
economic loss caused by obstructions related to oil and gas exploration,
development, and production in any area of the Outer Continental Shelf. The
funds used to provide this compensation are derived from fees collected by
the Secretary of the Interior from the holders of leases, exploration permits,
easements, or rights-of-way in areas of the Outer Continental Shelf. The
FCF account is funded solely through user fees. Disbursements can be
made only to the extent authorized in appropriation acts. In FY 2012 NMFS
requests budget authority of $350,000 for the payment of claims filed by
fisherman. These funds should be sufficient to cover the anticipated amount
of claims for FY 2012.

The Foreign Fishing Observer Fund (FFOF) is financed through fees collected from owners and operators
of foreign fishing vessels fishing within the Exclusive Economic Zone (EEZ) of the United States (such
fishing requires a permit issued under the Magnuson-Stevens Fishery Conservation and Management
Act). This includes longline vessels fishing in the Atlantic billfish and shark fishery and other foreign vessels
fishing in the EEZ. The fund is used by NOAA to pay salaries, administrative costs, data editing and
entry costs, and other costs incurred in placing observers aboard foreign fishing vessels. The observer
program is conducted primarily through contracts with the private sector. NOAA/NMFS places these
observers aboard foreign fishing vessels to monitor compliance with U.S. fishery laws and to collect fishery
management data. Amounts available in the fund can be disbursed only to the extent and in amounts
provided in appropriation acts. In FY 1985, Congress approved the establishment of a supplemental
observer program. The program provided that foreign vessels without federally-funded observers are
required to obtain the services of private contractors certified by the Secretary of Commerce. NOAA
does not anticipate foreign fishing in the U.S. EEZ requiring funds from this account. In FY 2012, NOAA
requests that $350,000 of the unobligated balance available be rescinded.

The Fisheries Finance Program (FFP) Account is a national loan program that makes long-term fixed-rate
financing available to U.S. citizens who otherwise qualify for financing or refinancing of the construction,
reconstruction, reconditioning, and, in some cases, the purchasing of fishing vessels, shoreside processing,
aquaculture, and mariculture facilities, and the purchase of individual fishing quota (IFQ). The FFP
operates under the authority of Title XI of the Merchant Marine Act of 1936, as amended (46 USC 53701);
Section 303(a) of the Sustainable Fisheries Act amendments to the Magnuson-Stevens Act; and, from
time to time FFP-specific legislation. NMFS requests no increase for the FFP because these loans have
a negative subsidy rate and no appropriated funds are required. However, specific loan ceilings for each
type of loan authority within the FFP must be included in appropriation language or other bill language
regardless of the need for cash appropriations. The FY 2012 budget proposal requests loan authority of
$24 million for IFQ loans and $59 million for FFP traditional loans as authorized by the Merchant Marine
Act. Three benefits will result from this action. First, the IFQ loan program is part of the Northwest Halibut
and Sablefish and the Bering Sea and Aleutian Islands Crab limited entry fisheries management program
that continues to stabilize these fisheries. This will also support the implementation of the crab IFQ loan
required by the management plan approved by the North Pacific Fisheries Management Council. Second,
FFP traditional lending is harvesting-capacity-neutral and supports qualified established U.S. seafood
companies operating in a sustainable fisheries environment. Last, FFP lending to marine aquaculture facilities
contributes to the development of a promising avenue of seafood production and greater economic
sustainability from U.S. ocean resources.


The American Fisheries Promotion Act (AFPA) of 1980 amended the Saltonstall-Kennedy (S-K) Act to
authorize a grants program for fisheries research and development projects to be carried out with S-K
funds. S-K funds are derived from a mandatory transfer from the Department of Agriculture to NOAA
from duties on imported fisheries products. An amount equal to 30% of these duties is made available to
NOAA and, subject to appropriation, is available to carry out the purposes of the AFPA. The S-K grants
program has provided substantial assistance to address impediments to the management, development,
and utilization of the Nation’s living marine resources. Each year a Federal Register notice is published announcing the program. The annual notice outlines priority areas, such as research on reduction/elimination of bycatch and aquaculture. The remainder of the S-K funds, which are transferred as discretionary funds, are used to offset the appropriation requirements of the Operations, Research, and Facilities account.

The Pacific Coastal Salmon Recovery Fund (PCSRF) was established by Congress in FY 2000 to address
the listings of Pacific salmon and steelhead populations under the ESA and the impacts of the Pacific
Salmon Treaty Agreement between the United States and Canada. Under the PCSRF, NMFS manages a
program to provide funding to the states and tribes of the Pacific Coast region (Washington, Oregon, California,
Idaho, Nevada, and Alaska) to implement projects that restore and protect salmonid populations
and their habitats. Through FY 2010, over $880 million has been provided to nearly 9 thousand projects
throughout the region that have made important contributions to improve that status of ESA-listed salmonids,
preventing extinctions, and helping to protect currently healthy populations. In addition to the PCSRF
federal funds, states provide significant matching funds through their grant allocation processes. Furthermore,
the federal and state matching funds are supplemented by private and local contributions at
the project level, including additional funding, volunteer time, and other in-kind donations. The FY 2012
President’s Request includes $65,000,000 for this account.

An unusual mortality event (UME) is defined under the Marine Mammal Protection Act as “a stranding that
is unexpected; involves a significant die-off of any marine mammal population; and demands immediate
response.” In recent years, increased efforts to examine carcasses and live stranded animals have improved
the knowledge of mortality rates and causes, allowing a better understanding of population threats
and stressors and the ability to determine when a situation is “unusual.” Understanding and investigating
marine mammal UMEs is important because they can serve as indicators of ocean health, giving insight
into larger environmental issues which may also have implications for human health and welfare.
Marine Mammal Protection Act Section 405 (16 USC 1421d) establishes the Marine Mammal Unusual
Mortality Event Fund. The fund: “shall be available only for use by the Secretary of Commerce, in consultation
with the Secretary of the Interior to compensate persons for special costs incurred in acting in
accordance with the contingency plan issued under section 1421c(b) of this title or under the direction of
an onsite coordinator for an unusual mortality event; for reimbursing any stranding network participant for
costs incurred in preparing and transporting tissues collected with respect to an unusual mortality event
for the Tissue Bank; and for care and maintenance of marine mammal seized under section 1374(c)(2)(D).”
According to the MMPA, deposits can be made into the fund by the following: “amounts appropriated
to the fund; other amounts appropriated to the Secretary with respect to unusual mortality events; and
amounts received by the United States in the form of gifts, devises, and bequests under subsection (d) of
this section.”

The FY 2003 Department of Defense Authorization Act requires all uniformed services, including NOAA, to
participate in an accrual fund for Medicare-eligible retirees. Payments into this accrual fund will cover the
future health care benefits of present, active-duty NOAA officers and their dependents and annuitants.

Budget Trends FY 2006-2012
Other Discretionary Funds (BA)
*****Other Discretionary Funds
Fisherman’s Contingency Fund $350,000
Foreign Fishing Observer Fund $350,000
Promote and Develop American Fisheries $66,200,000
Pacific Coastal Salmon Recovery Fund $65,000,000
Medicare Eligible Retiree Health Care Fund $1,936,000
Total Discretionary Funds from your TAXES= 13,860,000 Dollars!



Sanctuaries Enforcement Asset Forfeiture Fund receives proceeds from civil
penalties and forfeiture claims against responsible parties, as determined
through court settlements or agreements, for violations of NOAA sanctuary
regulations. Penalties received are held in sanctuary site-specific accounts
from year to year as the funds are spent on resource protection within the
sanctuary site where the penalty or forfeiture occurred. Funds are expended
for resource protection purposes which may include all aspects of law enforcement
(from equipment to labor), community oriented policing programs,
and other resource protection and management measures such as the installation
of mooring buoys or restoration of injured resources.


Section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) authorizes the Secretary of Commerce (Secretary)
to pay certain enforcement-related expenses from fines, penalties and
forfeiture proceeds received for violations of the Magnuson-Stevens Act,
or of any other marine resource law enforced by the Secretary. Pursuant
to this authority, the NOAA has established a Civil Monetary Penalty/Asset
Forfeiture Fund (AFF). Certain fines, penalties and forfeiture proceeds received
by NOAA are deposited into this fund, and subsequently used to pay
for certain enforcement-related expenses. When Congress established the
AFF it was deemed appropriate to use these proceeds to offset in part the
costs of administering the enforcement program. Expenses such as: costs
directly related to the storage, maintenance, and care of seized fish, vessels,
or other property during a civil or criminal proceeding; reimbursement to
other federal or state agencies for enforcement related services provided
pursuant to an agreement entered into with the Secretary; and other limited
uses as outlined in NOAA’s Asset Forfeiture Fund policy. NMFS Office of
Law Enforcement (OLE) manages the AFF, which is used by OLE and NOAA
General Counsel for Enforcement and Litigation (GCEL) to pay for enforcement
activities. NOAA is proposing language in FY 2012 to create this fund
as described above.

*****Other Discretionary Reimbursable Funds

Sanctuaries Asset Forfeiture Fund $1,000,000
Fisheries Asset Forfeiture Fund $8,000,000
For the LAW to hold your forfeited Property= 9,000,000 Dollars



The American Fisheries Promotion Act (AFPA) of 1980 amended the Saltonstall-
Kennedy (S-K) Act to authorize a grants program for fisheries research
and development projects to be carried out with S-K funds. S-K funds are
derived from a mandatory transfer from the Department of Agriculture to
NOAA from duties on imported fisheries products. An amount equal to 30%
of these duties is made available to NOAA and, subject to appropriation, is
available to carry out the purposes of the AFPA. The S-K grants program has
provided substantial assistance to address impediments to the management,
development, and utilization of the Nation’s living marine resources. Each
year a Federal Register notice is published announcing the program. The annual notice outlines priority areas, such as research on reduction/elimination of bycatch and aquaculture.
The remainder of the S-K funds, which are transferred as discretionary funds, are used to offset the
appropriation requirements of the Operations, Research, and Facilities account.


The mandatory component of the Fisheries Finance Program Account (FFP) Account authority is subject
to the Federal Credit Reform Act of 1990 (FCRA) (2 U.S.C. 661). The FCRA requires estimated loan costs
(FCRA cost) be appropriated in cash at the time Congress authorizes annual credit ceilings. FFP Account
loan activity demonstrates that the FCRA subsidy is negative. Statutory authority is found in 46 U.S.C.
1274 and 16 U.S.C. 1801 et seq. FFP Account lending guidelines are found at Title 50, Code of Federal
Regulations (CFR), Part 253, subpart B; and tempered by NOAA’s sustainable fisheries policy and by the
practical considerations of a program that has been self-sustaining throughout its credit history.


This account manages the loan guarantee portfolio that existed prior to the enactment of the Federal
Credit Reform Act of 1990.


The Environmental Improvement & Restoration Fund (EIRF) was created by the Department of Interior and
Related Agencies Appropriations Act of 1998 for the purpose of carrying out marine research activities
in the North Pacific. These funds will provide grants to Federal, State, private or foreign organizations or
individuals to conduct research activities on or relating to the fisheries or marine ecosystems in the North
Pacific Ocean, Bering Sea, and Arctic Ocean.


Under the authority of the Magnuson-Stevens Act Section 304(d)(2)(A), NMFS must collect a fee to recover
the incremental costs of management, data collection, and enforcement of Limited Access Privilege (LAP)
programs. Funds collected under this authority are deposited into the “Limited Access System Administrative
Fund” (LASAF). Fees shall not exceed three percent of the ex-vessel value of fish harvested under
any such program, and shall be collected at either the time of the landing, filing of a landing report, or
sale of such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested.
The LASAF shall be available, without appropriation or fiscal year limitation, only for the purposes
of administrating the central registry system; and administering and implementing the Magnuson-Stevens
Act in the fishery in which the fees were collected. Sums in the fund that are not currently needed for
these purposes shall be kept on deposit or invested in obligations of, or guaranteed by the U.S. Also, in
establishing a LAP program, a Regional Council can consider, and may provide, if appropriate, an auction
system or other program to collect royalties for the initial or any subsequent distribution of allocations. If an
auction system is developed, revenues from these royalties are deposited in the LASAF.


Section 204(e) of the 2006 amendments to the Magnuson-Stevens Fishery Conservation and Management
Act authorizes the establishment of the Western Pacific Sustainable Fisheries Fund . This fund
serves as a repository for any permit payments received by the Secretary of Commerce for foreign fishing
within the U.S. EEZ around Johnston Atoll, Kingman Reef, Palmyra Atoll, and Jarvis, Howland, Baker and Wake Islands, sometimes known as the Pacific Remote Island Areas (PRIA). Also, in the case of violations
by foreign vessels occurring in these areas, amounts received by the Secretary attributable to fines
and penalties shall be deposited into the fund. Foreign fishing is only allowed though a Pacific Insular
Area Fishery agreement. Before entering into such an Agreement, the Western Pacific Fishery Management
Council must develop a marine conservation plan that provides details on uses for any funds collected.
Marine Conservation Plans must also be developed by the Governors of the Territories of Guam
and American Samoa and of the Commonwealth of the Northern Mariana Islands and approved by the
Secretary of Commerce or designee. Additionally, any funds or contributions received in support of conservation
and management objectives under a marine conservation plan for any Pacific Insular Area other
than American Samoa, Guam, or the Northern Mariana Islands shall be deposited in this fund.


The retirement system for the uniformed services provides a measure of financial security after release
from active duty for service members and their survivors. It is an important factor in the choice of a career
in the uniformed services and is mandated by Federal statutes under Title 10, United States Code. NOAA
transfers retirement pay funds to the Coast Guard, which handles the payment function for retirees and
annuitants. Health care funds for non-Medicare-eligible retirees, dependents, and annuitants are transferred
to the U.S. Public Health Service, which administers the health care program.

*****Other Mandatory Discretionary Funds

Coastal Zone Management Fund $1,500,000
Damage Assessment & Restoration Revolving Fund $3,000,000
Promote and Develop American Fisheries Products $42,171,000
Fisheries Finance Program Account $5,777,000
Federal Ship Financing Fund $740,000
Environmental Improvement & Restoration Fund $1,467,000
Limited Access System Administration Fund $2,231,000
Western Pacific Sustainable Fisheries $1,000,000
NO AA Corp Commissioned Officers Retirement $28,269,000
A True Oxymoron; Other Mandatory Discretionary Funds: $86,155,000 DOLLARS!


Director's Discretionary Poster Fund Day / NASA Extends JPL Contract / Space Station Freedom Contract Negotiations Concluded / NACA Reunion IV (Astrogram, Volume 31, Number 2, October 21, 1988)


In-Kind Pol. Adv., for and approved by Gary A. Anderson,
Exploratory Candidate US Senate Fl. 2012