Public Law 94-490 94th Congress An Act

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

on weather modification, and for other purposes.

Be it enacted

the Senate and House of Representatives of the

United States of America in

Congress

assenibled^

That this Act may

be cited as the "National Weather Modification Policy Act of 1976".

SEC.

2. DECLARATION OF POLICY.

(a)

FINDINGS.—The

Congress finds and declares the following:

(1^

Weather-related

disasters and hazards, including drought,

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-

gress in this Act to develop a comprehensive and coordinated national

weather modification policy and a national program of weather modifi-

cation research and

development—

(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

modification;

(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

modification;

(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

Oct. 13, 1976

[S.

3383]

National Weather

Modification

Policy Act of

1976.

use

330 note.

use

330 note.

Policy.

Research and

development

program.

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

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,

ener^,

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

Submittal

President

and

Congress.

use

33Q

note.

(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) IN

GENERAL.—The

Secretary shall prepare and submit to the

President and the Congress, within 1 year after the date of enactment

of this Act, a final report on the findings, conclusions, and recommenda-

tions of the study conducted pursuant to section 4. Such report shall

include:

(1) a summary of the findings made with respect to each of the

areas of investigation specified in section

(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

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.