33 U.S.C. § 3501 — Establishment of program

Page 975 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3501 ‘‘(4) Interdisciplinary cooperation and engagement among government agencies, research institutions, nongovernmental organizations, States, Indian Tribes, and the private sector are essential for suc- cessful stewardship of ocean and coastal environ- ments, national economic growth, national security, and development of agile strategies that develop, pro- mote, and use new technologies. ‘‘(5) Ocean exploration can help the people of the United States understand how to be effective stew- ards of the ocean and serve as catalysts and enablers for other sectors of the economy. ‘‘(6) Mapping, exploration, and characterization of the ocean provides basic, essential information to protect and restore the marine environment, stimu- late economic activity, and provide security for the United States. ‘‘(7) A robust national ocean exploration program engaging multiple Federal agencies, Indian Tribes, the private sector, nongovernmental organizations, and academia is— ‘‘(A) essential to the interests of the United States and vital to its security and economy and the health and well-being of all people of the United States; and ‘‘(B) critical to reestablish the United States at the forefront of global ocean exploration and stew- ardship.’’ DEFINITIONS Pub. L. 117–263, div. J, title CIII, § 10302, Dec. 23, 2022, 136 Stat. 3966, provided that: ‘‘In this title [see Tables for classification]: ‘‘(1) CHARACTERIZATION.—The term ‘characteriza- tion’ means activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydro- logic features, including water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives. ‘‘(2) EXPLORATION.—The term ‘exploration’ means activities that provide— ‘‘(A) a multidisciplinary view of an unknown or poorly understood area of the seafloor, sub-bottom, or water column; and ‘‘(B) an initial assessment of the physical, chem- ical, geological, biological, archeological, or other characteristics of such an area. ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ‘‘(4) MAPPING.—The term ‘mapping’ means activi- ties that provide comprehensive data and information needed to understand seafloor characteristics, such as depth, topography, bottom type, sediment composi- tion and distribution, underlying geologic structure, and benthic flora and fauna.’’ SUBCHAPTER II—NOAA UNDERSEA RESEARCH PROGRAM §§ 3421 to 3426. Repealed. Pub. L. 117–263, div. J, title CIII, § 10306(a), Dec. 23, 2022, 136 Stat. 3974 Section 3421, Pub. L. 111–11, title XII, § 12102, Mar. 30, 2009, 123 Stat. 1419, related to establishment of an un- dersea research program. Section 3422, Pub. L. 111–11, title XII, § 12103, Mar. 30, 2009, 123 Stat. 1419, related to powers of program Direc- tor. Section 3423, Pub. L. 111–11, title XII, § 12104, Mar. 30, 2009, 123 Stat. 1419, related to administrative structure. Section 3424, Pub. L. 111–11, title XII, § 12105, Mar. 30, 2009, 123 Stat. 1420, related to research, exploration, education, and technology programs. Section 3425, Pub. L. 111–11, title XII, § 12106, Mar. 30, 2009, 123 Stat. 1420, related to competitive selection of regional centers. Section 3426, Pub. L. 111–11, title XII, § 12107, Mar. 30, 2009, 123 Stat. 1420, related to authorization of appro- priations. CHAPTER 48—OCEAN AND COASTAL MAPPING INTEGRATION Sec. 3501. Establishment of program. 3502. Interagency Working Group on Ocean and Coastal Mapping. 3503. Biennial reports. 3504. NOAA joint ocean and coastal mapping cen- ters. 3504a. Ocean and coastal mapping Federal funding opportunity. 3504b. Agreements and financial assistance. 3505. Effect on other laws. 3506. Authorization of appropriations. 3507. Definitions. § 3501. Establishment of program (a) In general The President, in coordination with the Inter- agency Working Group on Ocean and Coastal Mapping under section 3502 of this title and af- fected coastal states, shall establish and main- tain 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 deci- sionmaking for natural resource and habitat management restoration and conservation, emergency response, and coastal resilience and adaptation; (2) establishes research and mapping prior- ities; (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 geo- graphic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives; (2) facilitate cost-effective, cooperative map- ping efforts that incorporate policies for con- tracting with non-governmental entities among all Federal agencies conducting ocean and coastal mapping and for leveraging exist- ing Federal geospatial services capacities and contract vehicles for efficiencies, by increas- ing data sharing, developing appropriate data acquisition and metadata standards, and fa- cilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products; (3) facilitate the adaptation of existing tech- nologies as well as foster expertise in new ocean and coastal mapping technologies, in- cluding through research, development, and training conducted among Federal agencies and in cooperation with non-governmental en- tities; (4) develop standards and protocols for test- ing innovative experimental mapping tech- Page 976 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3501 1 See References in Text note below. nologies and transferring new technologies be- tween the Federal Government, coastal state, and non-governmental entities; (5) provide for the archiving, management, and distribution of data sets through a na- tional registry as well as provide mapping products and services to the general public in service of statutory requirements; (6) develop data standards and protocols con- sistent with standards developed by the Fed- eral 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, ma- rine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, offshore energy projects, and any areas designated for purposes of envi- ronmental protection or conservation and management of living and nonliving coastal and marine resources; (7) identify the procedures to be used for co- ordinating the collection and integration of Federal ocean and coastal mapping data with mapping programs, in conjunction with Fed- eral and State agencies, Tribal governments, private industry, academia, and nongovern- mental organizations; (8) facilitate, to the extent practicable, the collection of tide data and water-level data and the development and dissemination of hy- drodynamic 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 Com- mittee established under section 8932(c) of title 10; and (B) the National Ocean Mapping, Explo- ration, and Characterization Council estab- lished 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 Map- ping’’ 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 ap- proaches in decision-making for conservation and man- agement 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 ‘‘devel- oping’’ and ‘‘Working Group’’ for ‘‘Committee’’ in in- troductory 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 representa- tives of the Department of Commerce, through the Na- tional Oceanic and Atmospheric Administration, the Department of the Interior, the National Science Foun- dation, the Department of Defense, the Environmental Protection Agency, the Department of Homeland Secu- rity, the National Aeronautics and Space Administra- tion, 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), sub- stituted ‘‘with mapping programs, in conjunction with Federal and State agencies, Tribal governments, pri- vate industry, academia, and nongovernmental organi- zations’’ for ‘‘with coastal state and local government programs’’. Subsec. (b)(8). Pub. L. 117–263, § 10307(a)(3)(D), sub- stituted ‘‘of tide data and water-level data and the de- velopment 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 ECO- NOMIC 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 Sec- retary of Defense[,] the Attorney General[,] the Sec- retary of the Interior[,] the Secretary of Agriculture[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Sec- retary of Homeland Security[,] the Administrator of the Environmental Protection Agency[,] the Director of the Office of Management and Budget[,] the Admin- istrator 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 Admin- istrator 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 Se- 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