51 U.S.C. § 60111 — Landsat Program Management

Page 149 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60111 1 See References in Text note below. SUBCHAPTER II—LANDSAT § 60111. Landsat Program Management (a) ESTABLISHMENT.—The Administrator and the Secretary of Defense shall be responsible for management of the Landsat program. Such re- sponsibility shall be carried out by establishing an integrated program management structure for the Landsat system. (b) MANAGEMENT PLAN.—The Administrator, the Secretary of Defense, and any other United States Government official the President des- ignates as responsible for part of the Landsat program shall establish, through a management plan, the roles, responsibilities, and funding ex- pectations for the Landsat program of the ap- propriate United States Government agencies. The management plan shall— (1) specify that the fundamental goal of the Landsat Program Management is the con- tinuity of unenhanced Landsat data through the acquisition and operation of a Landsat 7 satellite as quickly as practicable which is, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communica- tions capability; (2) include a baseline funding profile that— (A) is mutually acceptable to the Adminis- tration and the Department of Defense for the period covering the development and op- eration of Landsat 7; and (B) provides for total funding responsi- bility of the Administration and the Depart- ment of Defense, respectively, to be approxi- mately equal to the funding responsibility of the other as spread across the development and operational life of Landsat 7; (3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific spon- soring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding exceeds the baseline funding profile required by paragraph (2), and that additional improvements will be sought only if the improvements will not jeopardize data continuity; and (4) provide for a technology demonstration program whose objective shall be the dem- onstration of advanced land remote sensing technologies that may potentially yield a sys- tem which is less expensive to build and oper- ate, and more responsive to data users, than is the current Landsat system. (c) RESPONSIBILITIES.—The Landsat Program Management shall be responsible for— (1) Landsat 7 procurement, launch, and oper- ations; (2) ensuring that the operation of the Landsat system is responsive to the broad in- terests of the civilian, national security, com- mercial, and foreign users of the Landsat sys- tem; (3) ensuring that all unenhanced Landsat data remain unclassified and that, except as provided in subsections (a) and (b) of section 60146 of this title, no restrictions are placed on the availability of unenhanced data; (4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Re- search Program, as established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of national secu- rity users; (5) Landsat data responsibilities pursuant to this chapter; (6) oversight of Landsat contracts entered into under sections 102 1 and 103 1 of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4168); (7) coordination of a technology demonstra- tion program pursuant to section 60133 of this title; and (8) ensuring that copies of data acquired by the Landsat system are provided to the Na- tional Satellite Land Remote Sensing Data Archive. (d) AUTHORITY TO CONTRACT.—The Landsat Program Management may, subject to appro- priations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, enter into contracts with the pri- vate sector for services such as satellite oper- ations and data preprocessing. (e) LANDSAT ADVISORY PROCESS.— (1) ADVICE AND COMMENTS.—The Landsat Program Management shall seek impartial ad- vice and comments regarding the status, effec- tiveness, and operation of the Landsat system, using existing advisory committees and other appropriate mechanisms. Such advice shall be sought from individuals who represent— (A) a broad range of perspectives on basic and applied science and operational needs with respect to land remote sensing data; (B) the full spectrum of users of Landsat data, including representatives from United States Government agencies, State and local government agencies, academic institutions, nonprofit organizations, value-added compa- nies, the agricultural, mineral extraction, and other user industries, and the public; and (C) a broad diversity of age groups, sexes, and races. (2) REPORTS.—The Landsat Program Man- agement shall prepare and submit biennially a report to Congress which— (A) reports the public comments received pursuant to paragraph (1); and (B) includes— (i) a response to the public comments re- ceived pursuant to paragraph (1); (ii) information on the volume of use, by category, of data from the Landsat sys- tem; and (iii) any recommendations for policy or programmatic changes to improve the utility and operation of the Landsat sys- tem. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3411.) Page 150 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60112 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60111 .......... 15 U.S.C. 5611. Pub. L. 102–555, title I, § 101, Oct. 28, 1992, 106 Stat. 4166. In subsection (b), in the matter before paragraph (1), after the words ‘‘funding expectations for the Landsat’’, the word ‘‘program’’ is set out without being capitalized to correct an error in the law. In subsection (c)(6), the words ‘‘sections 102 and 103 of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4168)’’ are substituted for ‘‘sec- tions 102 and 103’’ to clarify the reference. The ref- erence to sections 102 and 103 of the Land Remote Sens- ing Policy Act of 1992 is retained in text, notwith- standing the fact that sections 102 and 103 of the Act are repealed as obsolete, because oversight responsibil- ities may continue for contracts entered into under the now obsolete provisions. In subsection (e)(2), in the matter before subpara- graph (A), the word ‘‘biennially’’ is substituted for ‘‘Within 1 year after the date of the enactment of this Act and biennially thereafter,’’ to eliminate obsolete language. Editorial Notes REFERENCES IN TEXT The Global Change Research Act of 1990, referred to in subsec. (c)(4), is Pub. L. 101–606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (§ 2921 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of Title 15 and Tables. Sections 102 and 103 of the Land Remote Sensing Pol- icy Act of 1992, referred to in subsec. (c)(6), which were classified to sections 5612 and 5613, respectively, of Title 15, Commerce and Trade, were repealed by Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, which Act en- acted this title. Statutory Notes and Related Subsidiaries DEVELOPMENT, PROCUREMENT, AND SUPPORT Pub. L. 102–484, div. A, title II, § 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103–35, title II, § 202(a)(3), May 31, 1993, 107 Stat. 101, provided that: ‘‘The Secretary of Defense is authorized to contract for the development and procurement of, and support for operations of, the Landsat vehicle designated as Landsat 7.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 102–396, title IX, § 9082A, Oct. 6, 1992, 106 Stat. 1920. § 60112. Transfer of Landsat 6 program respon- sibilities The responsibilities of the Secretary with re- spect to Landsat 6 shall be transferred to the Landsat Program Management, as agreed to be- tween the Secretary and the Landsat Program Management, pursuant to section 60111 of this title. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60112 .......... 15 U.S.C. 5614. Pub. L. 102–555, title I, § 104, Oct. 28, 1992, 106 Stat. 4170. § 60113. Data policy for Landsat 7 (a) LANDSAT 7 DATA POLICY.—The Landsat Program Management, in consultation with other appropriate United States Government agencies, shall develop a data policy for Landsat 7 which should— (1) ensure that unenhanced data are avail- able to all users at the cost of fulfilling user requests; (2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civil- ian, national security, commercial, and for- eign users and the National Satellite Land Re- mote Sensing Data Archive; (3) ensure that the United States retains ownership of all unenhanced data generated by Landsat 7; (4) support the development of the commer- cial market for remote sensing data; (5) ensure that the provision of commercial value-added services based on remote sensing data remains exclusively the function of the private sector; and (6) to the extent possible, ensure that the data distribution system for Landsat 7 is com- patible with the Earth Observing System Data and Information System. (b) ADDITIONAL DATA POLICY CONSIDER- ATIONS.—In addition, the data policy for Landsat 7 may provide for— (1) United States private sector entities to operate ground receiving stations in the United States for Landsat 7 data; (2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and (3) the United States Government to charge a per image fee, license fee, or other such fee to entities operating ground receiving stations or distributing Landsat 7 data. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60113 .......... 15 U.S.C. 5615(a), (b). Pub. L. 102–555, title I, § 105(a), (b), Oct. 28, 1992, 106 Stat. 4170. SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS § 60121. General licensing authority (a) LICENSING AUTHORITY OF SECRETARY.— (1) IN GENERAL.—In consultation with other appropriate United States Government agen- cies, the Secretary is authorized to license pri- vate sector parties to operate private remote sensing space systems for such period as the Secretary may specify and in accordance with the provisions of this subchapter. (2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER PURPOSES.—In the case of a private space system that is used for remote sensing and other purposes, the authority of the Sec- retary under this subchapter shall be limited only to the remote sensing operations of such space system. (b) COMPLIANCE WITH LAW, REGULATIONS, INTERNATIONAL OBLIGATIONS, AND NATIONAL SE- CURITY.—