---
kind: "section"
citation: "33 U.S.C. § 3611"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3611"
heading: "Assessing and modeling named storms over coastal States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3611"
units:
  - "Chapter 49 — Integrated Coastal and Ocean Observation System"
---

# §3611. Assessing and modeling named storms over coastal States

- (a) **Definitions—** In this section:
  - (1) **COASTAL Formula—** The term “COASTAL Formula” has the meaning given the term in [section 4057(a) of title 42](/usc/42/4057.md?p=a).
  - (2) **Coastal State—** The term “coastal State” has the meaning given the term “coastal state” in [section 1453 of title 16](/usc/16/1453.md), except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation [system](/usc/33/3602.md?p=8).
  - (3) **Coastal waters—** The term “coastal waters” has the meaning given the term in such section.
  - (4) **Covered data—** The term “covered data” means, with respect to a named storm identified by the [Administrator](/usc/33/3602.md?p=1) under [subsection (b)(2)(A)](#b-2-A), empirical data that are—
    - (A) collected before, during, or after such storm; and
    - (B) necessary to determine magnitude and timing of wind speeds, rainfall, the barometric pressure, river flows, the extent, height, and timing of storm surge, topographic and bathymetric data, and other measures required to accurately model and assess damage from such storm.
  - (5) **Indeterminate loss—** The term “indeterminate loss” has the meaning given the term in [section 4057(a) of title 42](/usc/42/4057.md?p=a).
  - (6) **Named storm—** The term “named storm” means any organized weather [system](/usc/33/3602.md?p=8) with a defined surface circulation and maximum sustained winds of at least 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane.
  - (7) **Named Storm Event Model—** The term “Named Storm Event Model” means the official meteorological and oceanographic computerized model, developed by the [Administrator](/usc/33/3602.md?p=1) under [subsection (b)(1)(A)](#b-1-A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with named storms for which post-storm assessments are conducted.
  - (8) **Participant—** The term “participant” means a Federal, State, or private entity that chooses to cooperate with the [Administrator](/usc/33/3602.md?p=1) in carrying out the provisions of this section by collecting, contributing, and maintaining covered data.
  - (9) **Post-storm assessment—** The term “post-storm assessment” means a scientific assessment produced and certified by the [Administrator](/usc/33/3602.md?p=1) to determine the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with a specific named storm to be used in the COASTAL Formula.
  - (10) **State—** The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
- (b) **Named Storm Event Model and post-storm assessment—**
  - (1) **Establishment of Named Storm Event Model—**
    - (A) **In general—** Not later than December 31, 2020, the [Administrator](/usc/33/3602.md?p=1) shall develop the Named Storm Event Model.
    - (B) **Accuracy—** The Named Storm Event Model shall be designed to generate post-storm assessments, as provided in [paragraph (2)](#b-2), that have a degree of accuracy of not less than 90 percent for an indeterminate loss for which a post-storm assessment is utilized.
    - (C) **Public review—** The [Administrator](/usc/33/3602.md?p=1) shall seek input and suggestions from the public before the Named Storm Event Model, or any modification to the Named Storm Event Model, takes effect.
  - (2) **Post-storm assessment—**
    - (A) **Identification of named storms threatening coastal States—** After the establishment of the COASTAL Formula, the [Administrator](/usc/33/3602.md?p=1) shall, in consultation with the [Secretary](/usc/33/3602.md?p=7) of Homeland Security, identify named storms that may reasonably constitute a threat to any portion of a coastal State.
    - (B) **Data collection—**
      - (i) **In general—** Upon identification of a named storm under [subparagraph (A)](#b-2-A), and pursuant to the protocol established under [subsection (c)](#c), the [Administrator](/usc/33/3602.md?p=1) may deploy sensors to enhance the collection of covered data in the areas in coastal States that the [Administrator](/usc/33/3602.md?p=1) determines are at the highest risk of experiencing geophysical events that would cause indeterminate losses.
      - (ii) **Rule of construction—** If the [Administrator](/usc/33/3602.md?p=1) takes action under [clause (i)](#b-2-B-i), that action may not be construed as indicating that a post-storm assessment will be developed for any coastal State in which that action is taken.
    - (C) **Identification of indeterminate losses in coastal States—** Not later than 30 days after the first date on which sustained winds of not less than 39 miles per hour are measured in a coastal State during a named storm identified under [subparagraph (A)](#b-2-A), the [Secretary](/usc/33/3602.md?p=7) of Homeland Security shall notify the [Administrator](/usc/33/3602.md?p=1) with respect to the existence of any indeterminate losses in that coastal State resulting from that named storm.
    - (D) **Post-storm assessment required—** Upon confirmation of indeterminate losses identified under [subparagraph (C)](#b-2-C) with respect to a named storm, the [Administrator](/usc/33/3602.md?p=1) shall develop a post-storm assessment for each coastal State that suffered such indeterminate losses as a result of the named storm using the Named Storm Event Model and covered data collected for such named storm pursuant to the protocol established under [subsection (c)(1)](#c-1).
    - (E) **Submittal of post-storm assessment—** Not later than 90 days after any indeterminate losses are identified under [subparagraph (C)](#b-2-C), the [Administrator](/usc/33/3602.md?p=1) shall submit to the [Secretary](/usc/33/3602.md?p=7) of Homeland Security the post-storm assessment developed under [subparagraph (D)](#b-2-D) for any coastal State that suffered such indeterminate losses.
    - (F) **Separate post-storm assessments for a single named storm—**
      - (i) **In general—** The [Administrator](/usc/33/3602.md?p=1) may conduct a separate post-storm assessment for each coastal State in which indeterminate losses are identified under [subparagraph (C)](#b-2-C).
      - (ii) **Timeline—** If the [Administrator](/usc/33/3602.md?p=1) conducts a separate post-storm assessment under [clause (i)](#b-2-F-i), the [Administrator](/usc/33/3602.md?p=1) shall complete the assessment based on the dates of actions that the [Administrator](/usc/33/3602.md?p=1) takes under [subparagraph (D)](#b-2-D).
  - (3) **Accuracy—** The [Administrator](/usc/33/3602.md?p=1) shall ensure, to the greatest extent practicable, that each post-storm assessment developed under [paragraph (2)](#b-2) has a degree of accuracy of not less than 90 percent.
  - (4) **Certification—** For each post-storm assessment carried out under [paragraph (2)](#b-2), the [Administrator](/usc/33/3602.md?p=1) shall—
    - (A) certify the degree of accuracy for such assessment, including specific reference to any segments or geographic areas for which the assessment is less than 90 percent accurate; and
    - (B) report such certification to the [Secretary](/usc/33/3602.md?p=7) of Homeland Security for the purposes of use with indeterminate loss claims under [section 4057 of title 42](/usc/42/4057.md).
  - (5) **Finality of determinations—** A certification of the degree of accuracy of a post-storm assessment under this subsection by the [Administrator](/usc/33/3602.md?p=1) shall be final and shall not be subject to judicial review.
  - (6) **Availability—** The [Administrator](/usc/33/3602.md?p=1) shall make available to the public the Named Storm Event Model and any post-storm assessment developed under this subsection.
- (c) **Establishment of a protocol for post-storm assessment—**
  - (1) **In general—** Not later than December 31, 2020, the [Administrator](/usc/33/3602.md?p=1) shall establish a protocol, based on the plan submitted under [subsection (d)(3)](#d-3), to collect and assemble all covered data required by the [Administrator](/usc/33/3602.md?p=1) to produce post-storm assessments required by [subsection (b)](#b), including assembling data collected by participants and stored in the database established under [subsection (f)](#f) and from such other sources as the [Administrator](/usc/33/3602.md?p=1) considers appropriate.
  - (2) **Acquisition of sensors and structures—** If the [Administrator](/usc/33/3602.md?p=1) is unable to use a public or private asset to obtain covered data as part of the protocol established under [paragraph (1)](#c-1), the [Administrator](/usc/33/3602.md?p=1) may acquire such sensors and structures for the placement of sensors as may, in the discretion of the [Administrator](/usc/33/3602.md?p=1), be necessary to obtain such data.
  - (3) **Use of Federal assets—** If the protocol requires placement of a sensor to develop assessments pursuant to [subsection (b)](#b), the [Administrator](/usc/33/3602.md?p=1) shall, to the extent practicable, use [Federal assets](/usc/33/3602.md?p=3) for the placement of such sensors.
  - (4) **Use of acquired structures—**
    - (A) **In general—** If the [Administrator](/usc/33/3602.md?p=1) acquires a structure for the placement of a sensor for purposes of such protocol, the [Administrator](/usc/33/3602.md?p=1) shall to the extent practical permit other public and private entities to place sensors on such structure to collect—
      - (i) meteorological data;
      - (ii) national security-related data;
      - (iii) navigation-related data;
      - (iv) hydrographic data; or
      - (v) such other data as the [Administrator](/usc/33/3602.md?p=1) considers appropriate.
    - (B) **Receipt of consideration—** The [Administrator](/usc/33/3602.md?p=1) may receive and expend consideration for the placement of a sensor on a structure under [subparagraph (A)](#c-4-A).
    - (C) **In-kind consideration—** Consideration received under [subparagraph (B)](#c-4-B) may be received in-kind.
    - (D) **Use of consideration—** To the extent practicable, consideration received under [subparagraph (B)](#c-4-B) shall be used for the maintenance of sensors used to collect covered data.
  - (5) **Coordinated deployments and data collection practices—** The [Administrator](/usc/33/3602.md?p=1) shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the deployment of sensors as part of the protocol established under [paragraph (1)](#c-1) and related data collection carried out by Federal, State, academic, and private entities who choose to cooperate with the [Administrator](/usc/33/3602.md?p=1) in carrying out this subsection.
  - (6) **Priority acquisition and deployment—** The [Administrator](/usc/33/3602.md?p=1) shall give priority in the acquisition for and deployment of sensors under the protocol required by [paragraph (1)](#c-1) to areas of coastal States that have the highest risk of being harmed by named storms.
- (d) **Assessment of systems and efforts to collect covered data—**
  - (1) **Identification of systems and efforts to collect covered data—** Not later than 180 days after July 6, 2012, the [Administrator](/usc/33/3602.md?p=1) shall, in consultation with the Office of the Federal Coordinator for Meteorology—
    - (A) carry out a survey to identify all Federal and State efforts and [systems](/usc/33/3602.md?p=8) that are capable of collecting covered data; and
    - (B) consult with private and academic sector entities to identify domestic private and academic [systems](/usc/33/3602.md?p=8) that are capable of collecting covered data.
  - (2) **Identification of gaps—** The [Administrator](/usc/33/3602.md?p=1) shall, in consultation with the Office of the Federal Coordinator for Meteorology and individuals and entities consulted under [subsection (e)(3)](#e-3), assess the [systems](/usc/33/3602.md?p=8) identified under [paragraph (1)](#d-1) and identify which [systems](/usc/33/3602.md?p=8) meet the needs of the National Oceanic and Atmospheric Administration for the collection of covered data, including with respect to the accuracy requirement for post-storm assessment under [subsection (b)(3)](#b-3).
  - (3) **Plan—** Not later than 270 days after July 6, 2012, the [Administrator](/usc/33/3602.md?p=1) shall, in consultation with the Office of the Federal Coordinator for Meteorology, submit to Congress a plan for the collection of covered data necessary to develop the Named Storm Event Model and post-storm assessment required by [subsection (b)](#b) that addresses any gaps identified in [paragraph (2)](#d-2).
- (e) **Coordination of covered data collection and maintenance by participants—**
  - (1) **In general—** The [Administrator](/usc/33/3602.md?p=1) shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the collection and maintenance of covered data by participants under this section—
    - (A) to streamline the process of collecting covered data in accordance with the protocol established under [subsection (c)(1)](#c-1); and
    - (B) to maintain transparency of such process and the database established under [subsection (f)](#f).
  - (2) **Sharing information—** The [Administrator](/usc/33/3602.md?p=1) shall establish a process for sharing among participants information relevant to collecting and using covered data for—
    - (A) academic research;
    - (B) private sector use;
    - (C) public outreach; and
    - (D) such other purposes as the [Administrator](/usc/33/3602.md?p=1) considers appropriate.
  - (3) **Consultation—** In carrying out paragraphs [(1)](#e-1) and [(2)](#e-2), the [Administrator](/usc/33/3602.md?p=1) shall consult with the following:
    - (A) The Commanding General of the Corps of Engineers.
    - (B) The [Administrator](/usc/33/3602.md?p=1) of the Federal Emergency Management Agency.
    - (C) The Commandant of the Coast Guard.
    - (D) The Director of the United States Geological Survey.
    - (E) The Office of the Federal Coordinator for Meteorology.
    - (F) The Director of the National Science Foundation.
    - (G) The [Administrator](/usc/33/3602.md?p=1) of the National Aeronautics and Space Administration.
    - (H) Such public, private, and academic sector entities as the [Administrator](/usc/33/3602.md?p=1) considers appropriate for purposes of carrying out the provisions of this section.
- (f) **Establishment of Coastal Wind and Water Event Database—**
  - (1) **In general—** Not later than 1 year after July 6, 2012, the [Administrator](/usc/33/3602.md?p=1) shall establish a database for the collection and compilation of covered data—
    - (A) to support the protocol established under [subsection (c)(1)](#c-1); and
    - (B) for the purposes listed in [subsection (e)(2)](#e-2).
  - (2) **Designation—** The database established under [paragraph (1)](#f-1) shall be known as the “Coastal Wind and Water Event Database”.
- (g) **Comptroller General study—** Not later than 1 year after July 6, 2012, the Comptroller General of the United States shall—
  - (1) complete an audit of Federal efforts to collect covered data for purposes of the Consumer Option for an Alternative [System](/usc/33/3602.md?p=8) to Allocate Losses Act of 2012, which audit shall—
    - (A) examine duplicated Federal efforts to collect covered data; and
    - (B) determine the cost effectiveness of such efforts; and
  - (2) submit to the Committee on Banking, Housing, and Urban Affairs and the[^1] Commerce, Science, and Transportation of the Senate and the Committee on Financial Services and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the Comptroller General with respect to the audit completed under [paragraph (1)](#g-1).

## Footnotes

[^1]: So in original. Probably should be followed by “Committee on”.

## Source credit

(Pub. L. 111–11, title XII, § 12312, as added Pub. L. 112–141, div. F, title II, § 100252, July 6, 2012, 126 Stat. 969; amended Pub. L. 116–271, title II, § 201(a), Dec. 31, 2020, 134 Stat. 3344.)

## Notes

### Editorial Notes

### References in Text

The Consumer Option for an Alternative System to Allocate Losses Act of 2012, referred to in subsec. (g)(1), is subtitle B (§§ 100251–100253) of title II of div. F of Pub. L 112–141, which enacted this section, section 4057 of Title 42, the Public Health and Welfare, and provisions set out as a note under section 4001 of Title 42. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under section 4001 of Title 42 and Tables.

### Amendments

2020—Subsec. (a)(2). Pub. L. 116–271, § 201(a)(1)(A), inserted “, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system” before period at end.

Subsec. (a)(6). Pub. L. 116–271, § 201(a)(1)(B), inserted “sustained” before “winds”.

Subsec. (a)(7). Pub. L. 116–271, § 201(a)(1)(C), substituted “for which post-storm assessments are conducted” for “that threaten any portion of a coastal State”.

Subsec. (b)(1)(A). Pub. L. 116–271, § 201(a)(2)(A)(i), substituted “December 31, 2020” for “540 days after July 6, 2012” and struck out “by regulation” after “Administrator shall develop”.

Subsec. (b)(1)(B). Pub. L. 116–271, § 201(a)(2)(A)(ii), substituted “an indeterminate loss” for “every indeterminate loss”.

Subsec. (b)(1)(C). Pub. L. 116–271, § 201(a)(2)(A)(iii), added subpar. (C).

Subsec. (b)(2)(B), (C). Pub. L. 116–271, § 201(a)(2)(B)(ii), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively.

Subsec. (b)(2)(D). Pub. L. 116–271, § 201(a)(2)(B)(iii), substituted “confirmation of indeterminate losses identified under subparagraph (C) with respect to a named storm” for “identification of a named storm under subparagraph (A)” and “assessment for each coastal State that suffered such indeterminate losses as a result of the named storm” for “assessment for such named storm”.

Pub. L. 116–271, § 201(a)(2)(B)(i), redesignated subpar. (B) as (D).

Subsec. (b)(2)(E). Pub. L. 116–271, § 201(a)(2)(B)(iv), substituted “any indeterminate losses are identified under subparagraph (C)” for “an identification of a named storm is made under subparagraph (A)” and “under subparagraph (D) for any coastal State that suffered such indeterminate losses” for “for such storm under subparagraph (B)”.

Pub. L. 116–271, § 201(a)(2)(B)(i), redesignated subpar. (C) as (E).

Subsec. (b)(2)(F). Pub. L. 116–271, § 201(a)(2)(B)(v), added subpar. (F).

Subsec. (c)(1). Pub. L. 116–271, § 201(a)(3)(A), substituted “December 31, 2020” for “540 days after July 6, 2012”.

Subsec. (c)(2). Pub. L. 116–271, § 201(a)(3)(B), inserted “, in the discretion of the Administrator,” after “of sensors as may”.

Subsec. (c)(4)(B). Pub. L. 116–271, § 201(a)(3)(C), inserted “and expend” after “receive”.