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108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-402
_______________________________________________________________________

                                     

                                                       Calendar No. 793

               OCEAN AND COASTAL MAPPING INTEGRATION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                       S. H.R. deg. 2489



                                     

       DATE deg.October 11, 2004.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred eighth congress
                             second session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey
           Jeanne Bumpus, Staff Director and General Counsel
                   Rob Freeman, Deputy Staff Director
                  Robert W. Chamberlin, Chief Counsel
      Kevin D. Kayes, Democratic Staff Director and Chief Counsel
         xxxxx xxxxx, Democratic General Counsel deg.


                                                       Calendar No. 793
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-402

======================================================================



 
               OCEAN AND COASTAL MAPPING INTEGRATION ACT

                                _______
                                

                October 11, 2004.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2489]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2489) ``A Bill To establish a 
program within the National Oceanic and Atmospheric 
Administration to integrate Federal coastal and ocean mapping 
activities'', having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  S. 2489, as reported, would establish within the National 
Oceanic and Atmospheric Administration (NOAA) a comprehensive 
Federal ocean and coastal mapping program for the United States 
Exclusive Economic Zone (EEZ) that will support better 
conservation and management of marine resources; improve 
decision in the siting of ocean observing platforms; advance 
coastal and ocean science and the development of ocean 
exploration technology; and support vessel safety.

                          Background and Needs

  The jurisdiction of the United States extends 200 miles 
beyond its coastline and includes the United States Territorial 
Sea and the EEZ. Nearly ninety percent of this area remains 
unmapped by modern technologies. Improved mapping technology is 
necessary for a number of reasons. The United States marine 
transportation system is expected to grow exponentially over 
the next twenty years and a backlog of required surveys is 
developing. According to NOAA's Office of Coast Survey, 
approximately 35,000 square nautical miles of navigationally 
significant United States waters have been designated as 
critical areas requiring updated information on depth and 
obstructions. Improved mapping of these waters will help to 
minimize shipping accidents, as well as help support the 
national security missions of the United States Navy and United 
States Coast Guard. The U.S. Commission on Ocean Policy 
estimates that there are potentially $1.3 trillion in resources 
in the form of oil, minerals, and sedentary species which could 
be available under United Nations Convention on the Law of the 
Sea provisions concerning extensions of the continental shelf. 
Improved data and maps of the resources available on the 
continental shelf could support the United States in asserting 
jurisdictional claims to its continental shelf if it accedes to 
the United Nations Convention on the Law of the Sea.
  Currently at least 10 Federal agencies (including NOAA, the 
Environmental Protection Agency, the Minerals Management 
Service, the United States Army Corps of Engineers, United 
States Coast Guard, United States Fish and Wildlife Service, 
the National Science Foundation, the United States Navy, and 
the United States Geological Survey), in addition to coastal 
State and local agencies, academic institutions, and private 
companies, share the expensive and time-consuming 
responsibility of mapping, charting, and assessing living and 
non-living resources in United States waters. This creates a 
significant amount of overlap where different parties perform 
repeated surveys of the same area for different purposes. It 
also prevents the integration of these surveys since they 
differ from each other in terms of scale, resolution, 
projection, and reference frames. To complicate matters 
further, the coastal zone has the unique issue of the land-sea 
interface, or shoreline position, which requires seamless 
joining of onshore topographic maps with offshore bathymetric 
maps.
  The U.S. Commission on Ocean Policy recommends that many of 
the existing Federal mapping activities should be consolidated 
and coordinated to increase efficiency and help ensure that all 
necessary surveys are conducted. The Commission recommends that 
NOAA, which already has the responsibility of collecting 
hydrographic and bathymetric data and creating navigational 
charts for safe and efficient maritime commerce, be the lead 
agency in the United States' ocean and coastal mapping and 
charting efforts. In addition to the U.S. Commission on Ocean 
Policy, the National Research Council (NRC) released a study in 
2004 entitled ``A Geospatial Framework for the Coastal Zone'', 
which details the national needs for coastal mapping and 
charting. The report was requested by NOAA, the United States 
Geological Survey, and the Environmental Protection Agency. The 
NRC identified the same problems with the Nation's ocean and 
coastal mapping efforts as the U.S. Commission on Ocean Policy, 
and it stated that coordination and communication among Federal 
agencies was necessary, as was the integration of mapping 
efforts.

                         Summary of Provisions

  S. 2489, the Ocean and Coastal Mapping Integration Act, would 
direct NOAA to coordinate a comprehensive Federal ocean and 
coastal mapping program that enhances conservation and 
management of ocean and coastal resources, and to conduct the 
followingactivities: identify and coordinate Federal shoreline, 
ocean, and coastal mapping activities; build expertise in mapping 
technologies; set standards and protocols for testing and transferring 
new technologies to the private sector; and archive and distribute data 
and specific data products for the benefit of multiple users. Ocean and 
coastal mapping activities covered under the bill would include the 
suite of activities already conducted: mapping, data processing, 
management, and archiving. Mapping activities are intended to include 
the areas and resources of outer continental shelf and inshore areas--
extending from coastal State waters to the territorial sea and the EEZ, 
to areas of the outer continental shelf beyond the EEZ.
  The bill also would establish an Interagency Committee on 
Ocean and Coastal Mapping composed of high-ranking officials in 
Federal agencies engaged in ocean and coastal mapping, with the 
NOAA representative acting as chair of the committee. This 
committee would be required to meet on a quarterly basis, and 
to submit a report to Congress within 18 months after enactment 
of this bill, detailing ocean and coastal mapping plans, 
efforts, and needs. Together with this committee, the 
Administrator of NOAA would be required to submit a plan to 
Congress setting forth a NOAA Integrated Mapping Initiative. 
This plan would be due six months from the date of enactment of 
this bill.
  Authorization levels of $20 million for FY 2005, $26 million 
for FY 2006, $32 million for FY 2007, $38 million for FY 2008, 
and $45 million annually for FY 2009 through FY 2012 would be 
provided for NOAA to carry out the purposes of this act. In 
addition, the heads of Department of Defense, Department of the 
Interior, Department of Homeland Security, the Environmental 
Protection Agency, and the National Aeronautics and Space 
Administration, may make available up to $10 million per fiscal 
year for interagency mapping activities.
  Changes made to the bill at the executive session relate 
primarily to technical changes. Specifically, the bill was 
amended: (1) to read ``ocean and coastal mapping'' in all 
places which read ``coastal and ocean mapping''; (2) to address 
concerns regarding the likelihood of interagency cooperation; 
(3) to clarify that the bill authorizes three joint ocean and 
coastal mapping centers, one of which may be a joint 
hydrographic center; (4) to clarify the priorities of Federal 
and federally funded mapping activities; and (5) to clarify 
cooperation and coordination with the private sector, academia, 
and international mapping activities.

                          Legislative History

  On June 2, 2004, Senator Inouye introduced S. 2489, the 
Coastal and Ocean Mapping Integration Act of 2004, a bill to 
establish a comprehensive Federal coastal and ocean seafloor 
mapping program within NOAA. The bill, cosponsored by Senators 
Stevens, Hollings, Gregg, Snowe, Lott, Breaux, Lautenberg, and 
Akaka, was referred to the Senate Committee on Commerce, 
Science, and Transportation.
  On September 22, 2004, the Committee considered a manager's 
amendment in the nature of a substitute at the executive 
session that makes technical changes to the bill as introduced. 
At this executive session, the Commerce Committee ordered S. 
2489 to be reported favorably with an amendment in the nature 
of a substitute offered by Senator Breaux on behalf of Senator 
Inouye.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2004.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2489, the Ocean and 
Coastal Mapping Integration Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 2489--Ocean and Coastal Mapping Integration Act

    Summary: S. 2489 would direct the National Oceanic and 
Atmospheric Administration (NOAA) to establish an integrated 
mapping program encompassing the Great Lakes, coastal state 
waters, territorial sea, exclusive economic zone and 
continental shelf of the United States. The bill also would 
establish an interagency committee to coordinate federal 
mapping of ocean and coastal areas, require an integrated 
mapping plan to identify and describe all mapping programs, and 
authorize up to three joint centers for ocean and coastal 
mapping to be located at colleges or universities. For these 
purposes, the bill would authorize the appropriation of a total 
of $296 million over the 2005-2012 period.
    Assuming appropriation of the amounts authorized by the 
bill, CBO estimates that the federal government would spend $7 
million in fiscal year 2005 and $116 million over the 2005-2009 
period to implement the legislation. The remaining $179 million 
authorized would be spent after 2009, including $135 million 
authorized to be appropriated between 2010 and 2012. Enacting 
S. 2489 would not affect revenues or direct spending.
    This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: S. 2489 would 
authorize the appropriation of between $20 million and $45 
million a year for each of fiscal years 2005 through 2012 for 
the new ocean and coastal mapping initiative. Of these amounts, 
between $10 million and $15 million a year would be available 
for research and other mapping programs to be carried out at 
the new ocean and coastal mapping centers. The estimated 
budgetary impact of S. 2489 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment). For this estimate, CBO 
assumes that the full amounts authorized by the bill will be 
appropriated for each year and that outlays will follow 
historical spending patterns for similar NOAA programs.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2005      2006      2007      2008      2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level \1\.......................................        20        26        32        38        45
Estimated Outlays.............................................         7        15        25        32        38
----------------------------------------------------------------------------------------------------------------
\1\ Additional amounts, totaling $135 million, would be authorized for appropriation over the 2010-2012 period.

    Intergovernmental and private-sector impact: S. 2489 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Gregory Waring; and 
Impact on the Private Sector: Karen Raupp.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The reported bill would direct NOAA to coordinate a 
comprehensive Federal ocean and coastal mapping program that 
enhances conservation and management of ocean and coastal 
resources. It would not authorize any new regulations and 
therefore would not subject any individuals or businesses to 
new regulations.

                            ECONOMIC IMPACT

  The bill would provide authorization levels of $20 million 
for FY 2005, $26 million for FY 2006, $32 million for FY 2007, 
$38 million for FY 2008, and $45 million annually for FY 2009 
through FY 2012 for NOAA to carry out the purposes of this Act. 
These funding levels are not expected to have an inflationary 
impact on the Nation's economy.

                                PRIVACY

  This legislation would not have an adverse impact on the 
personal privacy of the individuals that will be impacted by 
this legislation.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector. Those non-governmental partners that 
are interested in working with the Interagency Committee on 
Ocean and Coastal Mapping established in section 3 would likely 
increase their communications, data management, and technical 
expertise capacity related to ocean mapping.

                      Section-by-Section Analysis


Sec. 1. Short title

  Section 1 provides the short title of the bill.

Sec. 2. Integrated ocean and coastal mapping program

  Subsection (a) would direct the Administrator of NOAA to 
develop, in coordination with the Interagency Committee on 
Ocean and Coastal Mapping, a coordinated and comprehensive 
Federal ocean and coastal mapping program that enhances the 
conservation and management of coastal and ocean resources.
  Subsection (b) would direct NOAA, working with the Committee, 
to conduct the following activities in developing the program, 
including: identify and coordinate Federal shoreline, ocean, 
and coastal mapping activities; promote cost-effective, 
cooperative mapping efforts among all Federal agencies 
conducting ocean and coastal mapping activities; build 
expertise in mapping technologies; set standards and protocols 
for testing and transferring new technologies to the private 
sector; archive and distribute data and specific data products 
for the benefit of multiple users; develop specific data 
presentation standards for use by Federal, State, and other 
entities; and identify the procedures to be used for 
coordinating Federal data with State and local government 
programs.

Sec. 3. Interagency Committee on Ocean and Coastal Mapping

  Subsection (a) would establish an Interagency Committee on 
Ocean and Coastal Mapping.
  Subsection (b) would require that the Committee be comprised 
of high-ranking officials from Federal agencies engaged in 
coastal or ocean mapping.
  Subsection (c) would provide that the NOAA representative 
would chair the committee.
  Subsection (d) would require the Committee to meet on a 
quarterly basis, but permit Subcommittee or working group 
meetings to meet as often as needed.
  Subsection (e) would require the Committee to coordinate 
activities with other Federal efforts, international mapping 
activities, States, and user groups.

Sec. 4. NOAA integrated mapping initiative

  Subsection (a) would require the Administrator of NOAA, 
working in consultation with the Interagency Committee on Ocean 
and Coastal Mapping, to submit a plan to Congress setting forth 
a NOAA Integrated Mapping Initiative. The plan would be due 6 
months from the date of enactment.
  Subsection (b) would require the NOAA plan to include: a 
description of all NOAA mapping programs; geographic priorities 
and metadata standards for those programs; encouragement for 
the development of new ocean and coastal mapping technologies; 
a section on existing and emerging technology; resource 
requirements for the integrated mapping initiative; the 
designation of centers or repositories within NOAA for managing 
data collection, processing, archiving, and distribution; and a 
timetable for implementation of the plan.
  Subsection (c) would authorize the Administration to operate 
and maintain up to three joint ocean and coastal mapping 
centers, including a joint hydrographic center, which shall be 
co-located with colleges or universities. The centers would 
serve as hydrographic centers of excellence and carry out 
research and development of new technologies, mapping of the 
United States outer continental shelf, certain types of data 
processing, testing of new applications for remote sensing 
technologies, and graduate education programs in the 
hydrographic sciences for NOAA Commissioned Officer Corps and 
civilian personnel.

Sec. 5. Interagency program reporting

  This section would require the Interagency Committee on Ocean 
and Coastal Mapping to submit a report to Congress within 18 
months after enactment of the Act. The report would: (1) 
inventory Federal ocean and coastal survey data within the 
territorial seas and EEZ; (2) identify priority areas in need 
of re-surveying with present technologies; (3) include a 
resource plan that identifies when priority areas in need of 
modern surveys can be accomplished; (4) describe the status of 
efforts to produce integrated digital maps of coastal and ocean 
areas; (5) describe products resulting from coordinated mapping 
efforts that improve public understanding of the oceans and 
coasts; (6) document minimum and desired standards for data 
acquisition and metadata; (7) describe the status of Federal 
efforts to leverage mapping technologies, share expertise, 
coordinate mapping activities, and exchange data; (8) provide 
resource and technology requirements for carrying out the goals 
of the program; (9) describe efforts to declassify data 
gathered by the Department of Defense; (10) provide a resource 
plan for a digital coast integrated mapping pilot project in 
the northern Gulf of Mexico that would involve the leveraging 
of public and private mapping data and resources; and (11) 
describe the status of efforts to coordinate Federal programs 
with State and local programs.

Section 6. Authorization of appropriations

  Subsection (a) would authorize, in addition to amounts 
authorized under the Hydrographic Services Improvement Act of 
1998, appropriations to NOAA to carry out the purposes of the 
Act. Appropriations would be authorized in increments, 
beginning with $20 million in FY 2005 and ending with $45 
million for each of FY 2009-2012.
  Subsection (b) would provide that, of the amounts authorized 
under subsection (a), the portion to be authorized for the 
joint hydrographic centers described in section 4(c) is $10 
million in FY 2005, increasing by $1 million per fiscal year to 
$15 million for each of FY 2009-2012.
  Subsection (c) would provide that the heads of Department of 
Defense, Department of Interior, Department of Homeland 
Security, the Environmental Protection Agency, and the National 
Aeronautics and Space Administration, may make available up to 
$10 million per fiscal year for interagency mapping activities.

Sec. 7. Definitions

  This section would define key terms applicable to the bill, 
including ``Exclusive Economic Zone'' and ``Ocean and Coastal 
Mapping''.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.