Digital Coast Act

IB Union Calendar No. 256 116TH CONGRESS 1ST SESSION H. R. 2189 [Report No. 116–315] To require the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision-support tools, training, and best practices and to support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 9, 2019 Mr. RUPPERSBERGER (for himself and Mr. YOUNG) introduced the following bill; which was referred to the Committee on Natural Resources NOVEMBER 26, 2019 Additional sponsors: Mr. CRIST, Miss GONZA´LEZ-COLO´N of Puerto Rico, and Mr. VAN DREW NOVEMBER 26, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on April 9, 2019] VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2189 RH A BILL To require the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of effi- ciently integrating coastal data with decision-support tools, training, and best practices and to support collec- tion of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2189 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Digital Coast Act’’. 4 SEC. 2. FINDINGS. 5 Congress makes the following findings: 6 (1) The Digital Coast is a model approach for ef- 7 fective Federal partnerships with State and local gov- 8 ernment, nongovernmental organizations, and the pri- 9 vate sector. 10 (2) Access to current, accurate, uniform, and 11 standards-based geospatial information, tools, and 12 training to characterize the United States coastal re- 13 gion is critical for public safety and for the environ- 14 ment, infrastructure, and economy of the United 15 States. 16 (3) More than half of all people of the United 17 States (153,000,000) currently live on or near a coast 18 and an additional 12,000,000 are expected in the next 19 decade. 20 (4) Coastal counties in the United States average 21 300 persons per square mile, compared with the na- 22 tional average of 98. 23 (5) On a typical day, more than 1,540 permits 24 for construction of single-family homes are issued in 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2189 RH coastal counties, combined with other commercial, re- 1 tail, and institutional construction to support this 2 population. 3 (6) Over half of the economic productivity of the 4 United States is located within coastal regions. 5 (7) Highly accurate, high-resolution remote sens- 6 ing and other geospatial data play an increasingly 7 important role in decision making and management 8 of the coastal zone and economy, including for— 9 (A) flood and coastal storm surge pre- 10 diction; 11 (B) hazard risk and vulnerability assess- 12 ment; 13 (C) emergency response and recovery plan- 14 ning; 15 (D) community resilience to longer range 16 coastal change; 17 (E) local planning and permitting; 18 (F) habitat and ecosystem health assess- 19 ments; and 20 (G) landscape change detection. 21 SEC. 3. DEFINITIONS. 22 In this Act: 23 (1) COASTAL REGION.—The term ‘‘coastal re- 24 gion’’ means the area of United States waters extend- 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2189 RH ing inland from the shoreline to include coastal wa- 1 tersheds and seaward to the territorial sea. 2 (2) COASTAL STATE.—The term ‘‘coastal State’’ 3 has the meaning given the term ‘‘coastal state’’ in sec- 4 tion 304 of the Coastal Zone Management Act of 1972 5 (16 U.S.C. 1453). 6 (3) FEDERAL GEOGRAPHIC DATA COMMITTEE.— 7 The term ‘‘Federal Geographic Data Committee’’ 8 means the interagency committee that promotes the 9 coordinated development, use, sharing, and dissemi- 10 nation of geospatial data on a national basis. 11 (4) REMOTE SENSING AND OTHER 12 GEOSPATIAL.—The term ‘‘remote sensing and other 13 geospatial’’ means collecting, storing, retrieving, or 14 disseminating graphical or digital data depicting 15 natural or manmade physical features, phenomena, or 16 boundaries of the Earth and any information related 17 thereto, including surveys, maps, charts, satellite and 18 airborne remote sensing data, images, LiDAR, and 19 services performed by professionals such as surveyors, 20 photogrammetrists, hydrographers, geodesists, cartog- 21 raphers, and other such services. 22 (5) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of Commerce, acting through the Ad- 24 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2189 RH ministrator of the National Oceanic and Atmospheric 1 Administration. 2 SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST. 3 (a) ESTABLISHMENT.— 4 (1) IN GENERAL.—The Secretary shall establish 5 a program for the provision of an enabling platform 6 that integrates geospatial data, decision-support tools, 7 training, and best practices to address coastal man- 8 agement issues and needs. Under the program, the 9 Secretary shall strive to enhance resilient commu- 10 nities, ecosystem values, and coastal economic growth 11 and development by helping communities address 12 their issues, needs, and challenges through cost-effec- 13 tive and participatory solutions. 14 (2) DESIGNATION.—The program established 15 under paragraph (1) shall be known as the ‘‘Digital 16 Coast’’ (in this section referred to as the ‘‘program’’). 17 (b) PROGRAM REQUIREMENTS.—In carrying out the 18 program, the Secretary shall ensure that the program pro- 19 vides data integration, tool development, training, docu- 20 mentation, dissemination, and archiving by— 21 (1) making data and resulting integrated prod- 22 ucts developed under this section readily accessible via 23 the Digital Coast Internet website of the National 24 Oceanic and Atmospheric Administration, the 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2189 RH GeoPlatform.gov and data.gov Internet websites, and 1 such other information distribution technologies as 2 the Secretary considers appropriate; 3 (2) developing decision-support tools that use 4 and display resulting integrated data and provide 5 training on use of such tools; 6 (3) documenting such data to Federal Geo- 7 graphic Data Committee standards; and 8 (4) archiving all raw data acquired under this 9 Act at the appropriate National Oceanic and Atmos- 10 pheric Administration data center or such other Fed- 11 eral data center as the Secretary considers appro- 12 priate. 13 (c) COORDINATION.—The Secretary shall coordinate 14 the activities carried out under the program to optimize 15 data collection, sharing and integration, and to minimize 16 duplication by— 17 (1) consulting with coastal managers and deci- 18 sion makers concerning coastal issues, and sharing 19 information and best practices, as the Secretary con- 20 siders appropriate, with— 21 (A) coastal States; 22 (B) local governments; and 23 (C) representatives of academia, the private 24 sector, and nongovernmental organizations; 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2189 RH (2) consulting with other Federal agencies, in- 1 cluding interagency committees, on relevant Federal 2 activities, including activities carried out under the 3 Ocean and Coastal Mapping Integration Act (33 4 U.S.C. 3501 et seq.), the Coastal Zone Management 5 Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated 6 Coastal and Ocean Observation System Act of 2009 7 (33 U.S.C. 3601 et seq.), and the Hydrographic Serv- 8 ices Improvement Act of 1998 (33 U.S.C. 892 et seq.); 9 (3) participating, pursuant to section 216 of the 10 E-Government Act of 2002 (Public Law 107–347; 44 11 U.S.C. 3501 note), in the establishment of such stand- 12 ards and common protocols as the Secretary considers 13 necessary to assure the interoperability of remote 14 sensing and other geospatial data with all users of 15 such information within— 16 (A) the National Oceanic and Atmospheric 17 Administration; 18 (B) other Federal agencies; 19 (C) State and local government; and 20 (D) the private sector; 21 (4) coordinating with, seeking assistance and co- 22 operation of, and providing liaison to the Federal Ge- 23 ographic Data Committee pursuant to Office of Man- 24 agement and Budget Circular A–16 and Executive 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2189 RH Order 12906 of April 11, 1994 (59 Fed. Reg. 17671), 1 as amended by Executive Order 13286 of February 2 28, 2003 (68 Fed. Reg. 10619); and 3 (5) developing and maintaining a best practices 4 document that sets out the best practices used by the 5 Secretary in carrying out the program and providing 6 such document to the United States Geological Sur- 7 vey, the Corps of Engineers, and other relevant Fed- 8 eral agencies. 9 (d) FILLING NEEDS AND GAPS.—In carrying out the 10 program, the Secretary shall— 11 (1) maximize the use of remote sensing and other 12 geospatial data collection activities conducted for 13 other purposes and under other authorities; 14 (2) focus on filling data needs and gaps for 15 coastal management issues, including with respect to 16 areas that, as of the date of the enactment of this Act, 17 were underserved by coastal data and the areas of the 18 Arctic that are under the jurisdiction of the United 19 States; 20 (3) pursuant to the Ocean and Coastal Mapping 21 Integration Act (33 U.S.C. 3501 et seq.), support con- 22 tinue improvement in existing efforts to coordinate 23 the acquisition and integration of key data sets need- 24 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2189 RH ed for coastal management and other purposes, in- 1 cluding— 2 (A) coastal elevation data; 3 (B) land use and land cover data; 4 (C) socioeconomic and human use data; 5 (D) critical infrastructure data; 6 (E) structures data; 7 (F) living resources and habitat data; 8 (G) cadastral data; and 9 (H) aerial imagery; and 10 (4) integrate the priority supporting data set 11 forth under paragraph (3) with other available data 12 for the benefit of the broadest measure of coastal re- 13 source management constituents and applications. 14 (e) FINANCIAL AGREEMENTS AND CONTRACTS.— 15 (1) IN GENERAL.—In carrying out the program, 16 the Secretary— 17 (A) may enter into financial agreements to 18 carry out the program, including— 19 (i) support to non-Federal entities that 20 participate in implementing the program; 21 and 22 (ii) grants, cooperative agreements, 23 interagency agreements, contracts, or any 24 other agreement on a reimbursable or non- 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2189 RH reimbursable basis, with other Federal, trib- 1 al, State, and local governmental and non- 2 governmental entities; and 3 (B) may, to the maximum extent prac- 4 ticable, enter into such contracts with private 5 sector entities for such products and services as 6 the Secretary determines may be necessary to 7 collect, process, and provide remote sensing and 8 other geospatial data and products for purposes 9 of the program. 10 (2) FEES.— 11 (A) ASSESSMENT AND COLLECTION.—The 12 Secretary may assess and collect fees for the con- 13 duct of any training, workshop, or conference 14 that advances the purposes of the program. 15 (B) AMOUNTS.—The amount of a fee under 16 this paragraph may not exceed the sum of costs 17 incurred, or expected to be incurred, by the Sec- 18 retary as a direct result of the conduct of the 19 training, workshop, or conference, including for 20 subsistence expenses incidental to the training, 21 workshop, or conference, as applicable. 22 (C) USE OF FEES.—Amounts collected by 23 the Secretary in the form of fees under this para- 24 graph may be used to pay for— 25 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2189 RH (i) the costs incurred for conducting an 1 activity described in subparagraph (A); or 2 (ii) the expenses described in subpara- 3 graph (B). 4 (3) SURVEY AND MAPPING.—Contracts entered 5 into under paragraph (1)(B) shall be considered ‘‘sur- 6 veying and mapping’’ services as such term is used 7 in and as such contracts are awarded by the Sec- 8 retary in accordance with the selection procedures in 9 chapter 11 of title 40, United States Code. 10 (f) OCEAN ECONOMY.—The Secretary may establish 11 publically available tools that track ocean and Great Lakes 12 economy data for each coastal State. 13 VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 256 116TH CONGRESS 1ST SESSION H. R. 2189 [Report No. 116–315] A BILL To require the Secretary of Commerce, acting through the Administrator of the National Oce- anic and Atmospheric Administration, to estab- lish a constituent-driven program to provide [Text truncated for display. Full text available on Congress.gov.]