33 U.S.C. § 3503 — Biennial reports

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- Page 980 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3504 1 See References in Text note below. lished under section 5405 of such Act, shall submit to the Committee on Commerce, Science, and Transpor- tation and the Committee on Energy and Natural Re- sources of the Senate, and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,’’ for ‘‘No later than 18 months after March 30, 2009, and bienni- ally thereafter, the co-chairmen of the Committee shall transmit to the Committees on Commerce, Science, and Transportation and Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ in introductory provi- sions. Par. (1). Pub. L. 117–263, § 10307(c)(2), inserted ‘‘, including the data maintained by the National Cen- ters for Environmental Information of the National Oceanic and Atmospheric Administration,’’ after ‘‘map- ping data’’. Par. (3). Pub. L. 117–263, § 10307(c)(3), inserted ‘‘, including a plan to map the coasts of the United States on a requirements-based cycle, with mapping agencies and partners coordinating on a unified ap- proach that factors in recent related studies, meets multiple user requirements, and identifies gaps’’ after ‘‘accomplished’’. Par. (10). Pub. L. 117–263, § 10307(c)(4), (5), redesignated par. (11) as (10), substituted ‘‘with international, coast- al State, and local government and nongovernmental mapping programs’’ for ‘‘with coastal state and local government programs’’, and struck out former par. (10) which related to a resource plan for a digital coast in- tegrated mapping pilot project for the northern Gulf of Mexico. Par. (11). Pub. L. 117–263, § 10307(c)(4), (6), redesignated par. (12) as (11), substituted ‘‘streamline and expand’’ for ‘‘increase’’, inserted ‘‘for the purpose of fulfilling Federal mapping and charting responsibilities, plans, and strategies’’ after ‘‘entities’’, and struck out ‘‘and’’ at end. Former par. (11) redesignated (10). Par. (12). Pub. L. 117–263, § 10307(c)(4), (7), redesignated par. (13) as (12) and substituted semicolon for period at end. Former par. (12) redesignated (11). Pars. (13) to (16). Pub. L. 117–263, § 10307(c)(8), added pars. (13) to (16). Former par. (13) redesignated (12). § 3504. NOAA joint ocean and coastal mapping centers The Administrator may maintain and operate up to three joint ocean and coastal mapping cen- ters, including a joint hydrographic center, which shall each be co-located with an institu- tion of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this chapter, including— (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the United States Outer Con- tinental Shelf and other regions; (3) data processing for nontraditional data and uses; (4) advancing the use of remote sensing and uncrewed technologies, for related issues, in- cluding mapping and assessment of essential fish habitat and of coral resources, ocean ob- servations, and ocean exploration; and (5) providing graduate education and train- ing in ocean and coastal mapping sciences for members of the National Oceanic and Atmos- pheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel. (Pub. L. 111–11, title XII, § 12205, Mar. 30, 2009, 123 Stat. 1424; Pub. L. 117–263, div. J, title CIII, § 10307(d)(1), (2), Dec. 23, 2022, 136 Stat. 3978.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 10307(d)(2), substituted ‘‘NOAA joint ocean and coastal mapping centers’’ for ‘‘Plan’’ in section catchline, redesignated subsec. (c) as entire sec- tion, struck out subsec. (c) heading ‘‘NOAA joint ocean and coastal mapping centers’’ before introductory pro- visions, and struck out subsecs. (a), (b), and (d) which related to development of a plan for an integrated ocean and coastal mapping initiative, requirements for the plan, and strategy for expanding contracting with non-governmental entities, respectively. Subsec. (c). Pub. L. 117–263, § 10307(d)(1), in subsec. (c) prior to its redesignation as entire section, substituted ‘‘three’’ for ‘‘3’’ in introductory provisions and inserted ‘‘and uncrewed’’ after ‘‘sensing’’ in par. (4). § 3504a. Ocean and coastal mapping Federal funding opportunity (a) In general Not later than one year after the date of the enactment of the National Ocean Exploration Act,1 the Administrator shall develop an inte- grated ocean and coastal mapping Federal fund- ing match opportunity, to be known as the ‘‘Brennan Ocean Mapping Fund’’ in memory of Rear Admiral Richard T. Brennan, within the National Oceanic and Atmospheric Administra- tion with Federal, State, Tribal, local, non- profit, private industry, or academic partners in order to increase the coordinated acquisition, processing, stewardship, and archival of new ocean and coastal mapping data in United States waters. (b) Rules The Administrator shall develop administra- tive and procedural rules for the ocean and coastal mapping Federal funding match oppor- tunity developed under subsection (a), to in- clude— (1) specific and detailed criteria that must be addressed by an applicant, such as geo- graphic overlap with preestablished priorities, number and type of project partners, benefit to the applicant, coordination with other funding opportunities, and benefit to the pub- lic; (2) determination of the appropriate funding match amounts and mechanisms to use, such as grants, agreements, or contracts; and (3) other funding award criteria as are nec- essary or appropriate to ensure that evalua- tions of proposals and decisions to award fund- ing under this section are based on objective standards applied fairly and equitably to those proposals. (c) Geospatial services and contract vehicles The ocean and coastal mapping Federal fund- ing match opportunity developed under sub- section (a) shall leverage Federal expertise and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies. (Pub. L. 111–11, title XII, § 12206, as added Pub. L. 117–263, div. J, title CIII, § 10307(e)(2), Dec. 23, 2022, 136 Stat. 3978.)