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U.S. Code as of:
01/19/04
Section 1534. Assessment of fees for access to environmental data
(a) Basis of assessment
Except as otherwise provided in this section, the Secretary is
authorized to assess fees, based on fair market value, for access
to environmental data and information and products derived
therefrom collected and/or archived by the National Oceanic and
Atmospheric Administration.
(b) Eligible recipients; waiver of fees in cases of foreign
governments and international organizations
(1) The Secretary shall provide data, information, and products
described in subsection (a) of this section to Federal, State, and
local government agencies, to universities, and to other nonprofit
institutions at the cost of reproduction and transmission, if such
data, information, and products are to be used for research and not
for commercial purposes.
(2) The Secretary shall waive the assessment of fees under
subsection (a) of this section as necessary to continue to provide
data, information, or products to foreign governments and
international organizations on a basis of exchanging such data,
information, and products or as otherwise provided by international
agreement.
(3) The Secretary shall waive the assessment of fees authorized
by subsection (a) of this section as necessary to continue to
provide weather warnings, watches, and similar products and
services essential to the mission of the National Oceanic
Atmospheric (!1) Administration.
(c) Publication of fee schedules in Federal Register; initial
schedule effective for three-year period
The initial schedule of any fees assessed under this section, and
any subsequent amendment to such schedule, shall be published by
the Secretary in the Federal Register at least 30 days before such
fees will take effect. The initial schedule shall remain in effect
without amendment for the three-year period beginning on the date
that fees under the schedule take effect.
(d) Effective date of assessments; progressive increments
Any assessment of fees under this section by the National
Environmental Satellite, Data, and Information Service for archived
data shall meet the following requirements:
(1) The initial schedule of fees established by the National
Environmental Satellite, Data, and Information Service for
archived data shall remain in effect for the 3-year period
beginning on the date that the fees under that schedule take
effect.
(2) With respect to the first one-year period during which the
initial fee schedule is in effect, fees shall be assessed at no
more than one-third of the fair market value specified in
subsection (a) of this section.
(3) With respect to the second one-year period during which the
initial fee schedule is in effect, fees shall be assessed at not
more than two-thirds of such fair market value.
(4) With respect to the third one-year period during which the
initial fee schedule is in effect, and with respect to any period
thereafter, fees shall be assessed at no more than the full
amount of such fair market value.
(e) Data archive center operations; availability of fees for
expenses of centers
Fees collected under this section by the National Environmental
Satellite, Data, and Information Service for archived data shall be
available to the National Environmental Satellite, Data, and
Information Service for expenses incurred in the operation of its
data archive centers.
(f) Report to Congressional committees
The Secretary shall, not later than 90 days after November 17,
1988, submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives a report which sets
forth -
(1) any plan of the Secretary for assessing fees under this
section by the National Environmental Satellite, Data, and
Information Service for archived data, including the methodology
and bases by which the amount of such fees shall be determined,
and the estimated revenues therefrom; and
(2) any plan of the Secretary for using revenues generated from
such fees, as well as other resources, to improve the capability
of the National Environmental Satellite, Data, and Information
Service to collect, manage, process, archive, and disseminate the
increasing amounts of data generated from satellites, radars, and
other technologies.
(g) Other assessment authorities unaffected
The authority of the Secretary to assess fees under this section
shall be in addition to, and shall not be construed to limit, the
authority under any other law to assess fees relating to the
environmental data activities of the National Oceanic and
Atmospheric Administration, including the authority of the
Secretary pursuant to section 1307 of title 44. Nothing in this
section shall be construed to authorize the Secretary to assess
fees for nautical and aeronautical products of the National Oceanic
and Atmospheric Administration in addition to those fees authorized
under section 1307 of title 44.
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