HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998 [Title III of Public Law 105–384, Approved Nov. 13, 1998, 112 Stat. 3454]

[Amended through Public Law 107-372, Dec. 19, 2002]

AN ACT To approve a governing international fishery agreement between the United States and the Republic of Poland, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE III-NOAA HYDROGRAPHIC

SERVICES

SEC. 301. [33 U.S.C. 851 note] SHORT TITLE.

This title may be cited as the "Hydrographic Services Improvement Act of 1998".

SEC. 302. [33 U.S.C. 892] DEFINITIONS.

In this title:

(1) ADMINISTRATOR.-The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.

(2) ADMINISTRATION.-The term "Administration" means the National Oceanic and Atmospheric Administration.

(3) HYDROGRAPHIC DATA. The term "hydrographic data" means information acquired through hydrographic or bathymetric surveying, photogrammetry, geodetic, geospatial, or geomagnetic measurements, tide and current observations, or other methods, that is used in providing hydrographic services. (4) HYDROGRAPHIC SERVICES.-The term "hydrographic services" means

(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, geodetic, geospatial, geomagnetic, and tide and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;

(B) the development of nautical information systems; and

(C) related activities.

(5) ACT OF 1947.-The term “Act of 1947” means the Act entitled "An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes", approved August 6, 1947 (33 U.S.C. 883a et seq.).

SEC. 303. [33 U.S.C. 892a] FUNCTIONS OF THE ADMINISTRATOR.

(a) RESPONSIBILITIES.—To fulfill the data gathering and dissemination duties of the Administration under the Act of 1947, the Administrator shall

(1) acquire and disseminate hydrographic data;

(2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services;

(3) promulgate standards for hydrographic services provided by the Administration;

(4) ensure comprehensive geographic coverage of hydrographic services, in cooperation with other appropriate Federal agencies;

(5) maintain a national database of hydrographic data, in cooperation with other appropriate Federal agencies;

(6) provide hydrographic services in uniform, easily accessible formats;

(7) participate in the development of, and implement for the United States in cooperation with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and

(8) to the greatest extent practicable and cost-effective, fulfill the requirements of paragraphs (1) and (6) through contracts or other agreements with private sector entities.

(b) AUTHORITIES.-To fulfill the data gathering and dissemination duties of the Administration under the Act of 1947, and subject to the availability of appropriations, the Administrator

(1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services;

(2) may enter into contracts and other agreements with qualified entities, consistent with subsection (a)(8), for the acquisition of hydrographic data and the provision of hydrographic services;

(3) shall award contracts for the acquisition of hydrographic data in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.); and

(4) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency.

(c) CONSERVATION AND MANAGEMENT OF COASTAL AND OCEAN RESOURCES.-Where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Secretary may use hydrographic data and services to support the conservation and management of coastal and ocean resources.

SEC. 304. [33 U.S.C. 892b] QUALITY ASSURANCE PROGRAM.

(a) DEFINITION.-For purposes of this section, the term "hydrographic product" means any publicly or commercially available product produced by a non-Federal entity that includes or displays hydrographic data.

(b) PROGRAM.

(1) IN GENERAL.-The Administrator—

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(A) by not later than 2 years after the date of enactment of the Hydrographic Services Improvement Act Amendments of 2002, shall, subject to the availability of appropriations, develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 303(a)(3) of this Act;

(B) may authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and

(C) may charge a fee for such certification and use.

(2) LIMITATION ON FEE AMOUNT.-Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 303(a)(3), including the cost of administering such a program.

(c) LIMITATION ON LIABILITY.-The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section. (d) HYDROGRAPHIC SERVICES ACCOUNT.

(1) ESTABLISHMENT.-There is established in the Treasury a separate account, which shall be known as the "Hydrographic Services Account".

(2) CONTENT.-The account shall consist of

(A) amounts received by the United States as fees charged under subsection (b)(1)(C); and

(B) such other amounts as may be provided by law. (3) USE.-Amounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services.

(e) LIMITATION ON NEW FEES AND INCREASES IN EXISTING FEES FOR HYDROGRAPHIC SERVICES.-After the date of the enactment of this Act, the Administrator may not

(1) establish any fee or other charge for the provision of any hydrographic service except as authorized by this section;

or

(2) increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44, United States Code. SEC. 305. [33 U.S.C. 892c] HYDROGRAPHIC SERVICES REVIEW PANEL.

(a) ESTABLISHMENT.-No later than 1 year after the date of enactment of the Hydrographic Services Improvement Act Amendments of 2002, the Secretary shall establish the Hydrographic Services Review Panel.

(b) DUTIES.

(1) IN GENERAL.-The panel shall advise the Administrator on matters related to the responsibilities and authorities set forth in section 303 of this Act and such other appropriate matters as the Administrator refers to the panel for review and advice.

(2) ADMINISTRATIVE RESOURCES.-The Administrator shall make available to the panel such information, personnel, and