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 Program Management, shall provide for long- term storage, maintenance, and upgrading of a basic, global, land remote sensing data set (here- after in this section referred to as the ‘‘basic data set’’) and shall follow reasonable archival practices to ensure proper storage and preserva- tion 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 Oc- tober 28, 1992; (2) take into account future technical and scientific developments and needs, paying par- ticular attention to the anticipated data re- quirements of global environmental change re- search; (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 gen- erated either by the Landsat system, pursuant to subchapter II, or by licensees under sub- chapter III; (6) include, as the Secretary of the Interior considers appropriate, data collected by for- eign ground stations or by foreign remote sensing space systems; and (7) ensure that the content of the archive is developed in accordance with section 60146 of this title. (d) PUBLIC DOMAIN.—After the expiration of any exclusive right to sell, or after relinquish- ment of such right, the data provided to the Na- tional Satellite Land Remote Sensing Data Ar- chive shall be in the public domain and shall be made available to requesting parties by the Sec- retary of the Interior at the cost of fulfilling user requests. (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) 60142 .......... 15 U.S.C. 5652. Pub. L. 102–555, title V, § 502, Oct. 28, 1992, 106 Stat. 4176. In subsection (b), the words ‘‘hereafter in this sec- tion’’ are substituted for ‘‘hereinafter’’ for clarity. In subsection (c), in the matter before paragraph (1), the words ‘‘of the Interior’’ are substituted for ‘‘of Inte- rior’’ to correct an error in the law. In subsection (c)(1), the date ‘‘October 28, 1992’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the Land Remote Sens- ing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). § 60143. Nonreproduction Unenhanced data distributed by any licensee under subchapter III may be sold on the condi- tion that such data will not be reproduced or disseminated by the purchaser for commercial purposes. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60143 .......... 15 U.S.C. 5653. Pub. L. 102–555, title V, § 503, Oct. 28, 1992, 106 Stat. 4177. § 60144. Reimbursement for assistance The Administrator, the Secretary of Defense, and the heads of other United States Govern- ment agencies may provide assistance to land remote sensing system operators under the pro- visions of this chapter. Substantial assistance shall be reimbursed by the operator, except as otherwise provided by law. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60144 .......... 15 U.S.C. 5654. Pub. L. 102–555, title V, § 504, Oct. 28, 1992, 106 Stat. 4177.