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

Page 977 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3502 curity Affairs[,] the Assistant to the President for Do- mestic Policy[,] the Assistant to the President for Eco- nomic 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, explo- ration, 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 Proclama- tion 5030 (Exclusive Economic Zone of the United States of America) [16 U.S.C. 1453 note], which estab- lished the United States Exclusive Economic Zone (U.S. EEZ) to advance the development of ocean re- sources and promote the protection of the marine envi- ronment. 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 signifi- cant 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 depart- ments and agencies (agencies). The Nation is poised to harness cutting-edge science, new technologies, and partnerships to unlock the po- tential of our oceans through increased ocean mapping. Maps and charts that present accurate and contem- porary coastal elevation data support economic growth, resource management, and the safety and secu- rity of coastal residents. Completed mapping is espe- cially 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 conserva- tion, 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 ben- efits 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 col- laboration with non-United States Government enti- ties. 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 system- atic and efficient approach to understanding our re- sources. Mapping will reveal the terrain of the ocean floor and identify areas of particular interest; explo- ration 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 Of- fice 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 de- velopment of a national strategy for mapping, explor- ing, and characterizing the U.S. EEZ, and for enhanc- ing opportunities for collaboration among interagency and non-United States Government entities with re- spect 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 coordi- nation with the Administrator of the National Oceanic and Atmospheric Administration, shall develop a pro- posed strategy to map the U.S. EEZ, to identify pri- ority 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 Na- tional Oceanic and Atmospheric Administration, in co- ordination, 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 Pol- icy Committee and relevant agencies. SEC. 4. Efficient Permitting of Mapping, Exploration, and Characterization Activities. The United States Gov- ernment, in coordination with non-United States Gov- ernment entities, conducts hundreds of ocean explo- ration, mapping, and research activities every year across the U.S. EEZ. These activities improve our un- derstanding of our oceans, including by identifying po- tential new sources of critical minerals, biopharma- ceuticals, 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 pro- tected marine natural resources. In order to reduce du- plication and promote efficiency across agencies, with- in 180 days of the date of this memorandum, the Ocean Policy Committee, working through its Ocean Re- source Management Subcommittee, shall identify op- portunities and recommend actions to the Director and the Chairman to increase the efficiency of the permit- ting and authorization processes for ocean research, mapping, and characterization activities across agen- cies. SEC. 5. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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 Fed- eral Register. DONALD J. TRUMP. § 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 Page 978 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3502 1 See References in Text note below. National Ocean Exploration Act,1 shall use the Interagency Working Group on Ocean and Coast- al Mapping in existence as of the date of the en- actment of such Act to implement section 3501 of this title. (b) Membership The Working Group shall be comprised of sen- ior-level representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. Membership shall include sen- ior-level representatives from the National Oce- anic and Atmospheric Administration, the De- partment of the Navy, the United States Geo- logical 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 In- terior, the National Science Foundation, the Na- tional 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 Ad- ministration, 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 appro- priate mechanisms; and (6) representatives of nongovernmental enti- ties. (g) Support functions The Working Group shall support the National Ocean Mapping, Exploration, and Characteriza- tion 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 ac- tivities and associated technology development across the Federal Government, State govern- ments, 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 Ex- ploration 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 en- acted 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 catch- line. 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 Map- ping 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 Depart- ment 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 Depart- ment 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 rel- evant to the purposes of this chapter.’’ after ‘‘surveying responsibilities.’’ Pub. L. 117–263, § 10307(b)(1)(B)(ii), substituted ‘‘Work- ing Group’’ for ‘‘committee’’. Subsec. (c). Pub. L. 117–263, § 10307(b)(4), amended sub- sec. (c) generally. Prior to amendment, text read as fol- lows: ‘‘The Committee shall be co-chaired by the rep- resentative of the Department of Commerce and a rep- resentative of the Department of the Interior.’’ Subsec. (d). Pub. L. 117–263, § 10307(b)(5), amended sub- sec. (d) generally. Prior to amendment, text read as fol- lows: ‘‘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 Atmos- pheric Administration. The chairmen of the Committee may create such additional subcommittees and work- ing 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 Geo- graphic Data Committee; Page 979 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3503 1 See References in Text note below. ‘‘(2) international mapping activities; ‘‘(3) coastal states; ‘‘(4) user groups through workshops and other appro- priate mechanisms; and ‘‘(5) representatives of nongovernmental entities.’’ Pub. L. 117–263, § 10307(b)(1)(B)(iv), substituted ‘‘Work- ing Group’’ for ‘‘committee’’ in introductory provi- sions. 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-govern- mental entities to provide input regarding activities of the committee in consultation with the interagency committee.’’ § 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 Trans- portation and the Committee on Energy and Natural Resources of the Senate, and the Com- mittee 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 map- ping data, including the data maintained by the National Centers for Environmental Infor- mation of the National Oceanic and Atmos- pheric 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 pri- ority areas in need of modern ocean and coast- al mapping surveys can be accomplished, in- cluding 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 require- ments, 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 decision- making; (6) documentation of minimum and desired standards for data acquisition and integrated metadata; (7) a statement of the status of Federal ef- forts to leverage mapping technologies, co- ordinate mapping activities, share expertise, and exchange data; (8) a statement of resource requirements for organizations to meet the goals of the pro- gram, including technology needs for data ac- quisition, processing, and distribution sys- tems; (9) a statement of the status of efforts to de- classify data gathered by the Navy, the Na- tional 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 Fed- eral programs with international, coastal State, and local government and nongovern- mental mapping programs and leverage those programs; (11) a description of efforts of Federal agen- cies to streamline and expand contracting with nongovernmental entities for the purpose of fulfilling Federal mapping and charting re- sponsibilities, plans, and strategies; (12) an inventory and description of any new Federal or federally funded programs con- ducting 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 applica- tions through research and development, in- cluding 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 op- portunities among agencies represented on the Working Group and with coastal States, coast- al Indian Tribes, and nongovernmental enti- ties; (15) an identification of any training, tech- nology, or other requirements for enabling Federal mapping programs, vessels, and air- craft 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 Ex- ploration Act, referred to in text, probably means the date of enactment of Pub. L. 117–263, which was ap- proved 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 Map- ping, Exploration, and Characterization Council estab-