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51 U.S.C. § 60142 — Archiving of data

Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60142 — Archiving of data

**(a) Public Interest.—** It is in the public interest for the United States Government to— (1) maintain an archive of land remote sensing data for historical, scientific, and technical purposes, including long-term global environmental monitoring; (2) control the content and scope of the archive; and (3) ensure the quality, integrity, and continuity of the archive. **(b) Archiving Practices.—** The Secretary of the Interior, in consultation with the Landsat Program Management, shall provide for long-term storage, maintenance, and upgrading of a basic, global, land remote sensing data set (hereafter in this section referred to as the “basic data set”) and shall follow reasonable archival practices to ensure proper storage and preservation of the basic data set and timely access for parties requesting data. **(c) Determination of Content of Basic Data Set.—** In determining the initial content of, or in upgrading, the basic data set, the Secretary of the Interior shall— (1) use as a baseline the data archived on October 28, 1992; (2) take into account future technical and scientific developments and needs, paying particular attention to the anticipated data requirements of global environmental change research; (3) consult with and seek the advice of users and producers of remote sensing data and data products; (4) consider the need for data which may be duplicative in terms of geographical coverage but which differ in terms of season, spectral bands, resolution, or other relevant factors; (5) include, as the Secretary of the Interior considers appropriate, unenhanced data generated either by the Landsat system, pursuant to subchapter II, or by licensees under subchapter III; (6) include, as the Secretary of the Interior considers appropriate, data collected by

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Source file: Laws/federal/codes/united-states-code/title-51/section-60142-archiving-of-data--831768db39.md
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Source location: Title 51, Chapter 601, § 60142; chapter-601-land-remote-sensing-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60146 — Radio frequency allocation

**(a) Application to Federal Communications Commission.—** To the extent required by the Communications Act of 1934 ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.), an application shall be filed with the Federal Communications Commission for any radio facilities involved with commercial remote sensing space systems licensed under subchapter III. **(b) Deadline for FCC Action.—** It is the intent of Congress that the Federal Communications Commission complete the radio licensing process under the Communications Act of 1934 ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.), upon the application of any private sector party or consortium operator of any commercial land remote sensing space system subject to this chapter, within 120 days of the receipt of an application for such licensing. If final action has not occurred within 120 days of the receipt of such an application, the Federal Communications Commission shall inform the applicant of any pending issues and of actions required to resolve them. **(c) Development and Construction of United States Systems.—** Authority shall not be required from the Federal Communications Commission for the development and construction of any United States land remote sensing space system (or component thereof), other than radio transmitting facilities or components, while any licensing determination is being made. **(d) Consistency With International Obligations and Public Interest.—** Frequency allocations made pursuant to this section by the Federal Communications Commission shall be consistent with international obligations and with the public interest.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 5601 — Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444

### Statutory Notes Section 5651, Pub. L. 102–555, title V, § 501, Oct. 28, 1992, 106 Stat. 4176, related to nondiscriminatory data availability. See [section 60141 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60141&num=0&edition=prelim), National and Commercial Space Programs. Section 5652, Pub. L. 102–555, title V, § 502, Oct. 28, 1992, 106 Stat. 4176, related to archiving of data. See [section 60142 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60142&num=0&edition=prelim). Section 5653, Pub. L. 102–555, title V, § 503, Oct. 28, 1992, 106 Stat. 4177, related to nonreproduction of unenhanced data. See [section 60143 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60143&num=0&edition=prelim). Section 5654, Pub. L. 102–555, title V, § 504, Oct. 28, 1992, 106 Stat. 4177, related to reimbursement for assistance. See [section 60144 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60144&num=0&edition=prelim). Section 5655, Pub. L. 102–555, title V, § 505, Oct. 28, 1992, 106 Stat. 4177, related to acquisition of equipment. See [section 60145 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60145&num=0&edition=prelim). Section 5656, Pub. L. 102–555, title V, § 506, Oct. 28, 1992, 106 Stat. 4177, related to radio frequency allocation. See [section 60146 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60146&num=0&edition=prelim). Section 5657, Pub. L. 102–555, title V, § 507, Oct. 28, 1992, 106 Stat. 4178, related to consultation regarding national security, international obligations, status reports, and certain reimbursements.

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60101 — Definitions

In this chapter: (1) **Cost of fulfilling user requests.—** — The term “cost of fulfilling user requests” means the incremental costs associated with providing product generation, reproduction, and distribution of unenhanced data in response to user requests and shall not include any acquisition, amortization, or depreciation of capital assets originally paid for by the United States Government or other costs not specifically attributable to fulfilling user requests. (2) **Data continuity.—** — The term “data continuity” means the continued acquisition and availability of unenhanced data which are, from the point of view of the user— (A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and (B) compatible with such data and with methods used to receive and process such data. (3) **Data preprocessing.—** — The term “data preprocessing”— (A) may include— (i) rectification of system and sensor distortions in land remote sensing data as it is received directly from the satellite in preparation for delivery to a user; (ii) registration of such data with respect to features of the Earth; and (iii) calibration of spectral response with respect to such data; but (B) does not include conclusions, manipulations, or calculations derived from such data, or a combination of such data with other data. (4) **Land remote sensing.—** — The term “land remote sensing” means the collection of data which can be processed into imagery of surface features of the Earth from an unclassified satellite or satellites, other than an operational United States Government weather satellite. (5) **

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60142 — Archiving of data

Page 155 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60144 SUBCHAPTER V—GENERAL PROVISIONS § 60141. Nondiscriminatory data availability (a) IN GENERAL.—Except as provided in sub- section (b), any unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government shall be made available to all users without preference, bias, or any other special arrangement (except on the basis of na- tional security concerns pursuant to section 60146 of this title) regarding delivery, format, pricing, or technical considerations which would favor one customer or class of customers over another. (b) EXCEPTIONS.—Unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government may be made available to the United States Government and its affiliated users at reduced prices, in accordance with this chapter, on the condition that such unenhanced data are used solely for noncommercial pur- poses. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60141 .......... 15 U.S.C. 5651. Pub. L. 102–555, title V, § 501, Oct. 28, 1992, 106 Stat. 4176. § 60142. Archiving of data (a) PUBLIC INTEREST.—It is in the public inter- est for the United States Government to— (1) maintain an archive of land remote sens- ing data for historical, scientific, and tech- nical purposes, including long-term global en- vironmental monitoring; (2) control the content and scope of the ar- chive; and (3) ensure the quality, integrity, and con- tinuity of the archive. (b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consultation with the Landsat

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