USC Chapter 48

USC Chapter 48
in effect

33 U.S.C. § 3501 Establishment of program

(a) In generalThe President, in coordination with the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title and affected coastal states, shall establish and maintain a program to coordinate comprehensive Federal ocean and coastal mapping efforts for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that—(1) enhances ecosystem approaches in decisionmaking for natural resource and habitat management restoration and conservation, emergency response, and coastal resilience and adaptation; (2) establishes research and mapping priorities; (3) supports the siting of research and other platforms; and (4) advances ocean and coastal science. (b) Program parametersIn maintaining such a program, the President, through the Working Group, shall—(1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives; (2) facilitate cost-effective, cooperative mapping efforts that incorporate policies for contracting with non-governmental entities among all Federal agencies conducting ocean and coastal mapping and for leveraging existing Federal geospatial services capacities and contract vehicles for efficiencies, by increasing data sharing, developing appropriate data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products; (3) facilitate the adaptation of existing technologies as well as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training conducted among Federal agencies and in cooperation with non-governmental entities; (4) develop standards and protocols for testing innovative experimental mapping technologies and transferring new technologies between the Federal Government, coastal state, and non-governmental entities; (5) provide for the archiving, management, and distribution of data sets through a national registry as well as provide mapping products and services to the general public in service of statutory requirements; (6) develop data standards and protocols consistent with standards developed by the Federal Geographic Data Committee for use by Federal, coastal state, and other entities in mapping and otherwise documenting locations of federally permitted activities, living and nonliving coastal and marine resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, offshore energy projects, and any areas designated for purposes of environmental protection or conservation and management of living and nonliving coastal and marine resources; (7) identify the procedures to be used for coordinating the collection and integration of Federal ocean and coastal mapping data with mapping programs, in conjunction with Federal and State agencies, Tribal governments, private industry, academia, and nongovernmental organizations; (8) facilitate, to the extent practicable, the collection of tide data and water-level data and the development and dissemination of hydrodynamic models for coastal areas to allow for the application of V-datum tools that will facilitate the seamless integration of onshore and offshore maps and charts; (9) establish a plan for the acquisition and collection of ocean and coastal mapping data; (10) set forth a timetable for completion and implementation of the plan; and (11) support—(A) the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10; and (B) the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the National Ocean Exploration Act.11 See References in Text note below.

33 U.S.C. § 3502 Interagency Working Group on Ocean and Coastal Mapping

(a) In generalThe Administrator of the National Oceanic and Atmospheric Administration, not later than 30 days after the date of the enactment of the National Ocean Exploration Act,11 See References in Text note below. shall use the Interagency Working Group on Ocean and Coastal Mapping in existence as of the date of the enactment of such Act to implement section 3501 of this title. (b) MembershipThe Working Group shall be comprised of senior-level representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. Membership shall include senior-level representatives from the National Oceanic and Atmospheric Administration, the Department of the Navy, the United States Geological Survey, the Bureau of Ocean Energy Management of the Department of the Interior, the Office of the Assistant Secretary, Fish and Wildlife and Parks of the Department of the Interior, the National Science Foundation, the National Geospatial-Intelligence Agency, the United States Army Corps of Engineers, the Coast Guard, the Environmental Protection Agency, the Federal Emergency Management Agency, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) Co-ChairsThe Working Group shall be co-chaired by one representative from each of the following:(1) The National Oceanic and Atmospheric Administration. (2) The Department of the Interior. (d) Subordinate groupsThe co-chairs may establish such permanent or temporary subordinate groups as determined appropriate by the Working Group. (e) MeetingsThe Working Group shall meet on a quarterly basis, but each subordinate group shall meet on an as-needed basis. (f) CoordinationThe Working Group shall coordinate activities when appropriate, with—(1) other Federal efforts; (2) international mapping activities; (3) coastal States; (4) coastal Indian Tribes; (5) data acquisition and user groups through workshops, partnerships, and other appropriate mechanisms; and (6) representatives of nongovernmental entities. (g) Support functionsThe Working Group shall support the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the National Ocean Exploration Act 1 and the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10 on ocean mapping activities and associated technology development across the Federal Government, State governments, coastal Indian Tribes, private industry, nongovernmental organizations, and academia.

33 U.S.C. § 3503 Biennial reports

Not later than 18 months after the date of the enactment of the National Ocean Exploration Act,11 See References in Text note below. and biennially thereafter until 2040, the co-chairs of the Working Group, in coordination with the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of such Act,1 shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives, a report detailing progress made in implementing this chapter, including— (1) an inventory of ocean and coastal mapping data, including the data maintained by the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration, within the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data; (2) identification of priority areas in need of survey coverage using present technologies; (3) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished, including a plan to map the coasts of the United States on a requirements-based cycle, with mapping agencies and partners coordinating on a unified approach that factors in recent related studies, meets multiple user requirements, and identifies gaps; (4) the status of efforts to produce integrated digital maps of ocean and coastal areas; (5) a description of any products resulting from coordinated mapping efforts under this chapter that improve public understanding of the coasts and oceans, or regulatory decisionmaking; (6) documentation of minimum and desired standards for data acquisition and integrated metadata; (7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data; (8) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing, and distribution systems; (9) a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public; (10) the status of efforts to coordinate Federal programs with international, coastal State, and local government and nongovernmental mapping programs and leverage those programs; (11) a description of efforts of Federal agencies to streamline and expand contracting with nongovernmental entities for the purpose of fulfilling Federal mapping and charting responsibilities, plans, and strategies; (12) an inventory and description of any new Federal or federally funded programs conducting shoreline delineation and ocean or coastal mapping since the previous reporting cycle; (13) a progress report on the development of new and innovative technologies and applications through research and development, including cooperative or other agreements with joint or cooperative research institutes and centers and other nongovernmental entities; (14) a description of best practices in data processing and distribution and leveraging opportunities among agencies represented on the Working Group and with coastal States, coastal Indian Tribes, and nongovernmental entities; (15) an identification of any training, technology, or other requirements for enabling Federal mapping programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program; and (16) a timetable for implementation and completion of the plan described in paragraph (3), including recommendations for integrating new approaches into the program.

33 U.S.C. § 3504 NOAA joint ocean and coastal mapping centers

The Administrator may maintain and operate up to three joint ocean and coastal mapping centers, including a joint hydrographic center, which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this chapter, including— (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the United States Outer Continental Shelf and other regions; (3) data processing for nontraditional data and uses; (4) advancing the use of remote sensing and uncrewed technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations, and ocean exploration; and (5) providing graduate education and training in ocean and coastal mapping sciences for members of the National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel.

33 U.S.C. § 3504a Ocean and coastal mapping Federal funding opportunity

(a) In generalNot later than one year after the date of the enactment of the National Ocean Exploration Act,11 See References in Text note below. the Administrator shall develop an integrated ocean and coastal mapping Federal funding match opportunity, to be known as the “Brennan Ocean Mapping Fund” in memory of Rear Admiral Richard T. Brennan, within the National Oceanic and Atmospheric Administration with Federal, State, Tribal, local, nonprofit, private industry, or academic partners in order to increase the coordinated acquisition, processing, stewardship, and archival of new ocean and coastal mapping data in United States waters. (b) RulesThe Administrator shall develop administrative and procedural rules for the ocean and coastal mapping Federal funding match opportunity developed under subsection (a), to include—(1) specific and detailed criteria that must be addressed by an applicant, such as geographic overlap with preestablished priorities, number and type of project partners, benefit to the applicant, coordination with other funding opportunities, and benefit to the public; (2) determination of the appropriate funding match amounts and mechanisms to use, such as grants, agreements, or contracts; and (3) other funding award criteria as are necessary or appropriate to ensure that evaluations of proposals and decisions to award funding under this section are based on objective standards applied fairly and equitably to those proposals. (c) Geospatial services and contract vehiclesThe ocean and coastal mapping Federal funding match opportunity developed under subsection (a) shall leverage Federal expertise and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies.

33 U.S.C. § 3504b Agreements and financial assistance

(a) AgreementsSubject to the availability of appropriations for such purpose, the head of a Federal agency that is represented on the Interagency Committee on Ocean and Coastal Mapping may enter into agreements with any other agency that is so represented to provide, on a reimbursable or nonreimbursable basis, facilities, equipment, services, personnel, and other support services to carry out the purposes of this chapter. (b) Financial assistanceThe Administrator may make financial assistance awards (grants of cooperative agreements) to any State or subdivision thereof or any public or private organization or individual to carry out the purposes of this chapter.

33 U.S.C. § 3505 Effect on other laws

Nothing in this chapter shall be construed to supersede or alter the existing authorities of any Federal agency with respect to ocean and coastal mapping.

33 U.S.C. § 3506 Authorization of appropriations

(a) In generalIn addition to the amounts authorized by section 892d of this title, there are authorized to be appropriated to the Administrator to carry out this chapter $45,000,000 for each of fiscal years 2023 through 2028. (b) Joint ocean and coastal mapping centersOf the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 3504(c) 11 See References in Text note below. of this title $15,000,000 for each of fiscal years 2023 through 2028. (c) Ocean and coastal mapping Federal funding opportunityOf amounts authorized pursuant to subsection (a), $20,000,000 is authorized to carry out section 3504a of this title.

33 U.S.C. § 3507 Definitions

In this chapter: (1) AdministratorThe term “Administrator’ ” 11 So in original. Closing single quotation mark probably should not appear. means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal stateThe term “coastal state” has the meaning given that term by section 1453(4) of title 16. (3) Working GroupThe term “Working Group” means the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title. (4) Exclusive economic zoneThe term “exclusive economic zone” means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983. (5) Ocean and coastal mappingThe term “ocean and coastal mapping” means the acquisition, processing, management, maintenance, interpretation, certification, and dissemination of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies. (6) Territorial seaThe term “territorial sea” means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988. (7) Nongovernmental entitiesThe term “nongovernmental entities” includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial photographs, satellite imagines,22 So in original. Probably should be “images,”. or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth. (8) Outer Continental ShelfThe term “Outer Continental Shelf” means all submerged lands lying seaward and outside of lands beneath navigable waters (as that term is defined in section 1301 of title 43), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control. (9) Coastal Indian TribeThe term “coastal Indian Tribe” means an “Indian Tribe”, as defined in section 5304 of title 25, the land of which is located in a coastal State.

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