33 U.S.C. § 3408 — National Ocean Mapping, Exploration,

Page 973 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3408 (B) an initial assessment of the physical, chemical, geological, biological, archae- ological, or other characteristics of such an area. (3) Mapping The terms ‘‘map’’ and ‘‘mapping’’ mean ac- tivities that provide comprehensive data and information needed to understand sea floor characteristics, including depth, topography, bottom type, sediment composition and dis- tribution, underlying geologic structure, and benthic flora and fauna. (Pub. L. 111–11, title XII, § 12007, as added Pub. L. 117–263, div. J, title CIII, § 10305(h), Dec. 23, 2022, 136 Stat. 3974.) § 3408. National Ocean Mapping, Exploration, and Characterization Council (a) Establishment The President shall establish a council, to be known as the ‘‘National Ocean Mapping, Explo- ration, and Characterization Council’’ (in this section referred to as the ‘‘Council’’). (b) Purpose The Council shall— (1) update national priorities for ocean map- ping, exploration, and characterization; and (2) coordinate and facilitate activities to ad- vance those priorities. (c) Reporting The Council shall report to the Ocean Science and Technology Subcommittee of the Ocean Pol- icy Committee established under section 8932(c) of title 10. (d) Membership The Council shall be composed of senior-level representatives from the appropriate Federal agencies. (e) Co-Chairs The Council shall be co-chaired by— (1) two senior-level representatives from the National Oceanic and Atmospheric Adminis- tration; and (2) one senior-level representative from the Department of the Interior. (f) Duties The Council shall— (1) set national ocean mapping, exploration, and characterization priorities and strategies; (2) cultivate and facilitate transparent and sustained partnerships among Federal and State agencies, Indian Tribes, private indus- try, academia, and nongovernmental organiza- tions to conduct ocean mapping, exploration, and characterization activities and related technology development; (3) coordinate improved processes for data compilation, management, access, synthesis, and visualization with respect to ocean map- ping, exploration, and characterization, with a focus on building on existing ocean data man- agement systems and with appropriate safe- guards on the public accessibility of data to protect national security equities, as appro- priate; (4) encourage education, workforce training, and public engagement activities that— (A) advance interdisciplinary principles that contribute to ocean mapping, explo- ration, research, and characterization; (B) improve public engagement with and understanding of ocean science; and (C) provide opportunities for underserved populations; (5) coordinate activities as appropriate with domestic and international ocean mapping, ex- ploration, and characterization initiatives or programs; and (6) establish and monitor metrics to track progress in achieving the priorities set under paragraph (1). (g) Interagency Working Group on Ocean Explo- ration and Characterization (1) Establishment The President shall establish a new inter- agency working group to be known as the ‘‘Interagency Working Group on Ocean Explo- ration and Characterization’’. (2) Membership The Interagency Working Group on Ocean Exploration and Characterization shall be comprised of senior representatives from Fed- eral agencies with ocean exploration and char- acterization responsibilities. (3) Functions The Interagency Working Group on Ocean Exploration and Characterization shall sup- port the Council and the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10 on ocean exploration and characteriza- tion activities and associated technology de- velopment across the Federal Government, State governments, Indian Tribes, private in- dustry, nongovernmental organizations, and academia. (h) Oversight The Council shall oversee— (1) the Interagency Working Group on Ocean Exploration and Characterization established under subsection (g)(1); and (2) the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title. (i) Plan (1) In general Not later than 1 year after December 23, 2022, the Council shall develop or update and submit to the appropriate committees of Con- gress a plan for an integrated cross-sectoral ocean mapping, exploration, and characteriza- tion initiative. (2) Elements The plan required by paragraph (1) shall— (A) discuss the utility and benefits of ocean exploration and characterization; (B) identify and describe national ocean mapping, exploration, and characterization priorities; (C) identify and describe Federal and feder- ally funded ocean mapping, exploration, and characterization programs; (D) facilitate and incorporate non-Federal input into national ocean mapping, explo- ration, and characterization priorities; Page 974 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3408 (E) ensure effective coordination of ocean mapping, exploration, and characterization activities among programs described in sub- paragraph (C); (F) identify opportunities for combining overlapping or complementary needs, activi- ties, and resources of Federal agencies and non-Federal organizations relating to ocean mapping, exploration, and characterization while not reducing benefits from existing mapping, explorations, and characterization activities; (G) promote new and existing partnerships among Federal and State agencies, Indian Tribes, private industry, academia, and non- governmental organizations to conduct or support ocean mapping, exploration, and characterization activities and technology development needs, including through co- ordination under section 4102 of this title and the National Oceanographic Partnership Program under section 8931 of title 10; (H) develop a transparent and sustained mechanism for non-Federal partnerships and stakeholder engagement in strategic plan- ning and mission execution to be imple- mented not later than December 31, 2023, for coordinating such activities with— (i) institutions of higher education (as such term is defined in section 1001(a) of title 20, the private sector, philanthropic organizations, and nonprofits; and (ii) international partners for activities relating to maritime areas (including the sea floor) beyond the jurisdiction of the Federal Government; (I) establish standardized collection and data management protocols, including with respect to metadata, for ocean mapping, ex- ploration, and characterization which— (i) are publicly accessible and locatable via appropriate Federal repositories; (ii) can facilitate the integration of ocean data into products and use innova- tions from non-Federal partners; and (iii) have appropriate safeguards on the public accessibility of data to protect na- tional security; (J) encourage the development, testing, demonstration, and adoption of innovative ocean mapping, exploration, and character- ization technologies and applications; (K) promote protocols for accepting data, equipment, approaches, or other resources that support national ocean mapping, explo- ration, and characterization priorities; (L) identify best practices for the protec- tion of marine life during mapping, explo- ration, and characterization activities; (M) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Adminis- tration and other appropriate Federal agen- cies to support a coordinated national ocean mapping, exploration, and characterization effort; (N) identify and facilitate a centralized mechanism or office for coordinating data collection, compilation, processing, archiving, and dissemination activities re- lating to ocean mapping, exploration, and characterization that meets Federal man- dates for data accuracy and accessibility; (O) designate repositories responsible for archiving and managing ocean mapping, ex- ploration, and characterization data; (P) set forth a timetable and estimated costs for implementation and completion of the plan; (Q) to the extent practicable, align ocean exploration and characterization efforts with existing programs and identify key gaps; and (R) identify criteria for determining the optimal frequency of observations; and (S) provide recommendations, developed in coordination with the private sector, to im- prove incentives, access, and processes for the private sector to share ocean-related data with the public and Federal Govern- ment. (j) Briefings Not later than 1 year after December 23, 2022, and not less frequently than once every 2 years thereafter, the Council shall brief the appro- priate committees of Congress on— (1) progress made toward meeting the na- tional priorities described in subsection (i)(2)(B); and (2) recommendations for meeting such prior- ities, such as additional authorities that may be needed to develop a mechanism for non- Federal partnerships and stakeholder engage- ment described in subsection (i)(2)(H). (k) Appropriate committees of Congress defined In this section, the term ‘‘appropriate com- mittees of Congress’’ means— (1) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and (2) the Committee on Natural Resources, the Committee on Science, Space, and Tech- nology, and the Committee on Armed Services of the House of Representatives. (Pub. L. 117–263, div. J, title CIII, § 10304, Dec. 23, 2022, 136 Stat. 3968.) Editorial Notes CODIFICATION Section was enacted as part of James M. Inhofe Na- tional Defense Authorization Act for Fiscal Year 2023, and not as part of the Omnibus Public Land Manage- ment Act of 2009 which comprises this chapter. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 117–263, div. J, title CIII, § 10301, Dec. 23, 2022, 136 Stat. 3966, provided that: ‘‘Congress makes the fol- lowing findings: ‘‘(1) The health and resilience of the ocean are vital to the security and economy of the United States and to the lives of the people of the United States. ‘‘(2) The United States depends on the ocean to reg- ulate weather and climate, to sustain and protect the diversity of life, for maritime shipping, for national defense, and for food, energy, medicine, recreation, and other services essential to the people of the United States and all humankind. ‘‘(3) The prosperity, security, and well-being of the United States depend on successful understanding and stewardship of the ocean. 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-