CHAPTER 48—OCEAN AND COASTAL MAPPING INTEGRATION

        

§3501. Establishment of program

(a) In general

The 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 parameters

In 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.¹

(Pub. L. 111–11, title XII, §12202, Mar. 30, 2009, 123 Stat. 1421; Pub. L. 117–263, div. J, title CIII, §10307(a), (b)(1)(A), Dec. 23, 2022, 136 Stat. 3974, 3975.)

Editorial Notes

References in Text

Section 5405 of the National Ocean Exploration Act, referred to in subsec. (b)(11)(B), probably means section 10304 of Pub. L. 117–263, which established the National Ocean Mapping, Exploration, and Characterization Council and is classified to section 3408 of this title. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263. Pub. L. 117–263 does not contain a section 5405.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §10307(b)(1)(A)(i), substituted "Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title" for "Interagency Committee on Ocean and Coastal Mapping" in introductory provisions.

Pub. L. 117–263, §10307(a)(1), substituted "establish and maintain a program to coordinate" for "establish a program to develop a coordinated and", "efforts" for "plan", and "that—" for "that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science." and added pars. (1) to (4).

Subsec. (b). Pub. L. 117–263, §10307(a)(3)(A), (b)(1)(A)(ii), substituted "maintaining" for "developing" and "Working Group" for "Committee" in introductory provisions.

Pub. L. 117–263, §10307(a)(2), redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: "The Committee shall be comprised of high-level representatives of the Department of Commerce, through the National Oceanic and Atmospheric Administration, the Department of the Interior, the National Science Foundation, the Department of Defense, the Environmental Protection Agency, the Department of Homeland Security, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping."

Subsec. (b)(2). Pub. L. 117–263, §10307(a)(3)(B), inserted "and for leveraging existing Federal geospatial services capacities and contract vehicles for efficiencies" after "coastal mapping".

Subsec. (b)(7). Pub. L. 117–263, §10307(a)(3)(C), substituted "with mapping programs, in conjunction with Federal and State agencies, Tribal governments, private industry, academia, and nongovernmental organizations" for "with coastal state and local government programs".

Subsec. (b)(8). Pub. L. 117–263, §10307(a)(3)(D), substituted "of tide data and water-level data and the development and dissemination" for "of real-time tide data and the development".

Subsec. (b)(11). Pub. L. 117–263, §10307(a)(3)(E)–(G), added par. (11).

Subsec. (c). Pub. L. 117–263, §10307(a)(2), redesignated subsec. (c) as (b).

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 111–11, title XII, §12201, Mar. 30, 2009, 123 Stat. 1421, provided that: "This subtitle [subtitle B (§§12201–12208) of title XII of Pub. L. 111–11, enacting this chapter] may be cited as the 'Ocean and Coastal Mapping Integration Act'."

Executive Documents

Ocean Mapping of the United States Exclusive Economic Zone and the Shoreline and Nearshore of Alaska

Memorandum of President of the United States, Nov. 19, 2019, 84 F.R. 64699, provided:

Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of the Interior[,] the Secretary of Agriculture[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Administrator of the Environmental Protection Agency[,] the Director of the Office of Management and Budget[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the National Science Foundation[,] the Director of National Intelligence[,] the Chairman of the Joint Chiefs of Staff[,] the Administrator of the National Oceanic and Atmospheric Administration[,] the Assistant Secretary of the Army for Civil Works[,] the Commandant of the Coast Guard[,] the Assistant to the President for National Security Affairs[,] the Assistant to the President for Domestic Policy[,] the Assistant to the President for Economic Policy[,] the Director of the Office of Science and Technology Policy[,] the Chairman of the Council on Environmental Quality[, and] the Deputy Assistant to the President for Homeland Security and Counterterrorism

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:

Section 1. Policy. It is the policy of the United States to act boldly to safeguard our future prosperity, health, and national security through ocean mapping, exploration, and characterization. Data and information about the ocean help to advance maritime commerce, domestic seafood production, healthy and sustainable fisheries, coastal resilience, energy production, tourism and recreation, environmental protection, national and homeland security, and other interests. Such activities contribute more than $300 billion per year of economic activity, 3 million jobs, and $129 billion in wages.

On March 10, 1983, President Reagan issued Proclamation 5030 (Exclusive Economic Zone of the United States of America) [16 U.S.C. 1453 note], which established the United States Exclusive Economic Zone (U.S. EEZ) to advance the development of ocean resources and promote the protection of the marine environment. With more than 13,000 miles of coastline and 3.4 million square nautical miles of ocean within our territorial jurisdiction, our country's EEZ is among the largest in the world and is larger than the combined land area of all 50 States. The U.S. EEZ contains a vast array of underutilized, and likely many undiscovered, natural resources, including critical minerals, marine-derived pharmaceuticals, energy, and areas of significant ecological and conservation value. However, only about 40 percent of the U.S. EEZ has been mapped and significantly less of the area has natural resources and ocean systems that have been characterized, including identification and evaluation, by executive departments and agencies (agencies).

The Nation is poised to harness cutting-edge science, new technologies, and partnerships to unlock the potential of our oceans through increased ocean mapping.

Maps and charts that present accurate and contemporary coastal elevation data support economic growth, resource management, and the safety and security of coastal residents. Completed mapping is especially lacking for Alaska and for the Alaskan Arctic, which lack the comprehensive shoreline and nearshore maps available for much of the rest of the Nation.

To improve our Nation's understanding of our vast ocean resources and to advance the economic, security, and environmental interests of the United States, it is the policy of the United States to support the conservation, management, and balanced use of America's oceans by exploring, mapping, and characterizing the U.S. EEZ, including mapping the Arctic and Sub-Arctic shoreline and nearshore of Alaska. Further, to ensure that these activities produce the broadest possible benefits and provide the greatest return on investment of Federal resources, it is the policy of the United States to support these activities, when appropriate, in collaboration with non-United States Government entities.

Sec. 2. National Strategy for Mapping, Exploring, and Characterizing the U.S. EEZ. Mapping, exploring, and characterizing the U.S. EEZ is necessary for a systematic and efficient approach to understanding our resources. Mapping will reveal the terrain of the ocean floor and identify areas of particular interest; exploration and characterization will identify and evaluate natural and cultural resources within these areas. This knowledge will inform conservation, management, and balanced use of the U.S. EEZ.

To advance these objectives, the Director of the Office of Science and Technology Policy (Director) and the Chairman of the Council on Environmental Quality (Chairman), who serve as co-chairs of the Ocean Policy Committee established by Executive Order 13840 of June 19, 2018 (Ocean Policy to Advance the Economic, Security, and Environmental Interests of the United States) [33 U.S.C. 857–19 note], shall coordinate the development of a national strategy for mapping, exploring, and characterizing the U.S. EEZ, and for enhancing opportunities for collaboration among interagency and non-United States Government entities with respect to those activities. Specifically, within 180 days of the date of this memorandum [Nov. 19, 2019], the Ocean Policy Committee, working through its Ocean Science and Technology Subcommittee and in coordination with the Administrator of the National Oceanic and Atmospheric Administration, shall develop a proposed strategy to map the U.S. EEZ, to identify priority areas within the U.S. EEZ, and to explore and characterize the priority areas, and shall submit it to the Director and the Chairman.

Sec. 3. Strategy for Mapping the Arctic and Sub-Arctic Shoreline and Nearshore of Alaska. Within 180 days of the date of this memorandum, the Administrator of the National Oceanic and Atmospheric Administration, in coordination, as appropriate, with the State of Alaska and the Alaska Mapping Executive Committee, shall develop a proposed strategy to map the shoreline and nearshore of Alaska and shall submit it to the Director and the Chairman to inform actions of the Ocean Policy Committee and relevant agencies.

Sec. 4. Efficient Permitting of Mapping, Exploration, and Characterization Activities. The United States Government, in coordination with non-United States Government entities, conducts hundreds of ocean exploration, mapping, and research activities every year across the U.S. EEZ. These activities improve our understanding of our oceans, including by identifying potential new sources of critical minerals, biopharmaceuticals, energy, and other resources. These activities frequently require multiple environmental reviews, consultations, permits, and other authorizations under Federal laws and regulations that protect resources such as maritime heritage sites and sensitive or protected marine natural resources. In order to reduce duplication and promote efficiency across agencies, within 180 days of the date of this memorandum, the Ocean Policy Committee, working through its Ocean Resource Management Subcommittee, shall identify opportunities and recommend actions to the Director and the Chairman to increase the efficiency of the permitting and authorization processes for ocean research, mapping, and characterization activities across agencies.

Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.      

¹ See References in Text note below.

§3502. Interagency Working Group on Ocean and Coastal Mapping

(a) In general

The 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,¹ 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) Membership

The 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-Chairs

The 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 groups

The co-chairs may establish such permanent or temporary subordinate groups as determined appropriate by the Working Group.

(e) Meetings

The Working Group shall meet on a quarterly basis, but each subordinate group shall meet on an as-needed basis.

(f) Coordination

The 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 functions

The 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.

(Pub. L. 111–11, title XII, §12203, Mar. 30, 2009, 123 Stat. 1423; Pub. L. 117–263, div. J, title CIII, §10307(b)(1)(B), (2)–(9), Dec. 23, 2022, 136 Stat. 3975, 3976.)

Editorial Notes

References in Text

The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (a), probably means the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263.

Section 5405 of the National Ocean Exploration Act, referred to in subsec. (g), probably means section 10304 of Pub. L. 117–263, which established the National Ocean Mapping, Exploration, and Characterization Council and is classified to section 3408 of this title. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263. Pub. L. 117–263 does not contain a section 5405.

Amendments

2022—Pub. L. 117–263, §10307(b)(1)(B)(i), substituted "Working Group" for "committee" in section catchline.

Subsec. (a). Pub. L. 117–263, §10307(b)(2), substituted "not later than 30 days after the date of the enactment of the National Ocean Exploration Act, 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." for "within 30 days after March 30, 2009, shall convene or utilize an existing interagency committee on ocean and coastal mapping to implement section 3501 of this title."

Subsec. (b). Pub. L. 117–263, §10307(b)(3), substituted "senior-level" for "senior" in two places, "the Department of the Navy" for "the Chief of Naval Operations", and "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" for "the Minerals Management Service" and struck out "The representatives shall be high-ranking officials of their respective agencies or departments and, whenever possible, the head of the portion of the agency or department that is most relevant to the purposes of this chapter." after "surveying responsibilities."

Pub. L. 117–263, §10307(b)(1)(B)(ii), substituted "Working Group" for "committee".

Subsec. (c). Pub. L. 117–263, §10307(b)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: "The Committee shall be co-chaired by the representative of the Department of Commerce and a representative of the Department of the Interior."

Subsec. (d). Pub. L. 117–263, §10307(b)(5), amended subsec. (d) generally. Prior to amendment, text read as follows: "The co-chairmen shall establish a subcommittee to carry out the day-to-day work of the Committee, comprised of senior representatives of any member agency of the committee. Working groups may be formed by the full Committee to address issues of short duration. The subcommittee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairmen of the Committee may create such additional subcommittees and working groups as may be needed to carry out the work of Committee."

Subsec. (e). Pub. L. 117–263, §10307(b)(1)(B)(iii), (6), substituted "Working Group" for "committee" and "each subordinate group" for "each subcommittee and each working group".

Subsec. (f). Pub. L. 117–263, §10307(b)(7), added pars. (1) to (6) and struck out former pars. (1) to (5) which read as follows:

"(1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee;

"(2) international mapping activities;

"(3) coastal states;

"(4) user groups through workshops and other appropriate mechanisms; and

"(5) representatives of nongovernmental entities."

Pub. L. 117–263, §10307(b)(1)(B)(iv), substituted "Working Group" for "committee" in introductory provisions.

Subsec. (g). Pub. L. 117–263, §10307(b)(8), (9), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: "The Administrator may convene an ocean and coastal mapping advisory panel consisting of representatives from non-governmental entities to provide input regarding activities of the committee in consultation with the interagency committee."

¹ See References in Text note below.

§3503. Biennial reports

Not later than 18 months after the date of the enactment of the National Ocean Exploration Act,¹ 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.

(Pub. L. 111–11, title XII, §12204, Mar. 30, 2009, 123 Stat. 1423; Pub. L. 117–263, div. J, title CIII, §10307(c), Dec. 23, 2022, 136 Stat. 3977.)

Editorial Notes

References in Text

The date of the enactment of the National Ocean Exploration Act, referred to in text, probably means the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. See below.

Section 5405 of such Act, referred to in text, means section 5405 of the National Ocean Exploration Act, but probably should have been a reference to section 10304 of Pub. L. 117–263, which established the National Ocean Mapping, Exploration, and Characterization Council, and is classified to section 3408 of this title. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263. Pub. L. 117–263 does not contain a section 5405.

Amendments

2022—Pub. L. 117–263, §10307(c)(1), substituted "Not later than 18 months after the date of the enactment of the National Ocean Exploration Act, 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, 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," for "No later than 18 months after March 30, 2009, and biennially thereafter, the co-chairmen of the Committee shall transmit to the Committees on Commerce, Science, and Transportation and Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" in introductory provisions.

Par. (1). Pub. L. 117–263, §10307(c)(2), inserted ", including the data maintained by the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration," after "mapping data".

Par. (3). Pub. L. 117–263, §10307(c)(3), inserted ", 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" after "accomplished".

Par. (10). Pub. L. 117–263, §10307(c)(4), (5), redesignated par. (11) as (10), substituted "with international, coastal State, and local government and nongovernmental mapping programs" for "with coastal state and local government programs", and struck out former par. (10) which related to a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of Mexico.

Par. (11). Pub. L. 117–263, §10307(c)(4), (6), redesignated par. (12) as (11), substituted "streamline and expand" for "increase", inserted "for the purpose of fulfilling Federal mapping and charting responsibilities, plans, and strategies" after "entities", and struck out "and" at end. Former par. (11) redesignated (10).

Par. (12). Pub. L. 117–263, §10307(c)(4), (7), redesignated par. (13) as (12) and substituted semicolon for period at end. Former par. (12) redesignated (11).

Pars. (13) to (16). Pub. L. 117–263, §10307(c)(8), added pars. (13) to (16). Former par. (13) redesignated (12).

¹ See References in Text note below.

§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.

(Pub. L. 111–11, title XII, §12205, Mar. 30, 2009, 123 Stat. 1424; Pub. L. 117–263, div. J, title CIII, §10307(d)(1), (2), Dec. 23, 2022, 136 Stat. 3978.)

Editorial Notes

Amendments

2022—Pub. L. 117–263, §10307(d)(2), substituted "NOAA joint ocean and coastal mapping centers" for "Plan" in section catchline, redesignated subsec. (c) as entire section, struck out subsec. (c) heading "NOAA joint ocean and coastal mapping centers" before introductory provisions, and struck out subsecs. (a), (b), and (d) which related to development of a plan for an integrated ocean and coastal mapping initiative, requirements for the plan, and strategy for expanding contracting with non-governmental entities, respectively.

Subsec. (c). Pub. L. 117–263, §10307(d)(1), in subsec. (c) prior to its redesignation as entire section, substituted "three" for "3" in introductory provisions and inserted "and uncrewed" after "sensing" in par. (4).

§3504a. Ocean and coastal mapping Federal funding opportunity

(a) In general

Not later than one year after the date of the enactment of the National Ocean Exploration Act,¹ 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) Rules

The 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 vehicles

The 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.

(Pub. L. 111–11, title XII, §12206, as added Pub. L. 117–263, div. J, title CIII, §10307(e)(2), Dec. 23, 2022, 136 Stat. 3978.)

Editorial Notes

References in Text

The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (a), probably means the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263.

Prior Provisions

A prior section 12206 of Pub. L. 111–11 was renumbered 12208 and is classified to section 3505 of this title.

¹ See References in Text note below.

§3504b. Agreements and financial assistance

(a) Agreements

Subject 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 assistance

The 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.

(Pub. L. 111–11, title XII, §12207, as added Pub. L. 117–263, div. J, title CIII, §10307(e)(2), Dec. 23, 2022, 136 Stat. 3979.)

Editorial Notes

Prior Provisions

A prior section 12207 of Pub. L. 111–11 was renumbered section 12209 and is classified to section 3506 of this title.

§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.

(Pub. L. 111–11, title XII, §12208, formerly §12206, Mar. 30, 2009, 123 Stat. 1426; renumbered §12208, Pub. L. 117–263, div. J, title CIII, §10307(e)(1), Dec. 23, 2022, 136 Stat. 3978.)

Editorial Notes

Prior Provisions

A prior section 12208 of Pub. L. 111–11 was renumbered 12210 is classified to section 3507 of this title.

§3506. Authorization of appropriations

(a) In general

In 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 centers

Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 3504(c) ¹ of this title $15,000,000 for each of fiscal years 2023 through 2028.

(c) Ocean and coastal mapping Federal funding opportunity

Of amounts authorized pursuant to subsection (a), $20,000,000 is authorized to carry out section 3504a of this title.

(Pub. L. 111–11, title XII, §12209, formerly §12207, Mar. 30, 2009, 123 Stat. 1426; renumbered §12209 and amended Pub. L. 117–263, div. J, title CIII, §10307(e)(1), (f), Dec. 23, 2022, 136 Stat. 3978, 3979.)

Editorial Notes

References in Text

Section 3504 of this title, referred to in subsec. (b), was amended by Pub. L. 117–263, div. J, title CIII, §10307(d)(2)(B), (C), Dec. 23, 2022, 136 Stat. 3978, by striking out the subsec. (c) designation and striking all the other subsections, thereby redesignating subsec. (c) as all of section 3504 of this title.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §10307(f)(1), substituted "this chapter $45,000,000 for each of fiscal years 2023 through 2028." for "this chapter—" and struck out pars. (1) to (4) which authorized appropriations for fiscal years 2009 through 2015.

Subsec. (b). Pub. L. 117–263, §10307(f)(2), substituted "this chapter $15,000,000 for each of fiscal years 2023 through 2028." for "this title:" and struck out pars. (1) to (4) which authorized appropriations for fiscal years 2009 through 2015.

Subsec. (c). Pub. L. 117–263, §10307(f)(3), (4), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "To carry out interagency activities under section 3502 of this title, the head of any department or agency may execute a cooperative agreement with the Administrator, including those authorized by section 883e of this title."

¹ See References in Text Note below.

§3507. Definitions

In this chapter:

(1) Administrator

The term "Administrator' " ¹ means the Administrator of the National Oceanic and Atmospheric Administration.

(2) Coastal state

The term "coastal state" has the meaning given that term by section 1453(4) of title 16.

(3) Working Group

The term "Working Group" means the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title.

(4) Exclusive economic zone

The 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 mapping

The 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 sea

The 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 entities

The 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,² or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth.

(8) Outer Continental Shelf

The 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 Tribe

The 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.

(Pub. L. 111–11, title XII, §12210, formerly §12208, Mar. 30, 2009, 123 Stat. 1426; renumbered §12210 and amended Pub. L. 117–263, div. J, title CIII, §10307(b)(1)(C), (e)(1), (g), Dec. 23, 2022, 136 Stat. 3976, 3978, 3979.)

Editorial Notes

References in Text

Presidential Proclamation No. 5030, referred to in par. (4), is set out under section 1453 of Title 16, Conservation.

Presidential Proclamation Number 5928, referred to in par. (6), is set out under section 1331 of Title 43, Public Lands.

Amendments

2022—Par. (3). Pub. L. 117–263, §10307(b)(1)(C), amended par. (3) generally. Prior to amendment, text read as follows: "The term 'Committee' means the Interagency Ocean and Coastal Mapping Committee established by section 3502 of this title."

Par. (5). Pub. L. 117–263, §10307(g)(1), substituted "processing, management, maintenance, interpretation, certification, and dissemination" for "processing, and management".

Par. (9). Pub. L. 117–263, §10307(g)(2), added par. (9).

¹ So in original. Closing single quotation mark probably should not appear.

² So in original. Probably should be "images,".