U.S. Code, Title 15, Commerce and Trade

Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 5611. Landsat Program Management

(a) Establishment

     The Administrator and the Secretary of Defense shall be responsible for management of the Landsat program. Such responsibility shall be carried out by establishing an integrated program management structure for the Landsat system.

(b) Management plan

     The Administrator, the Secretary of Defense, and any other United States Government official the President designates as responsible for part of the Landsat program, shall establish, through a management plan, the roles, responsibilities, and funding expectations for the Landsat Program 1 of the appropriate United States Government agencies. The management plan shall—

1 So in original. Probably should not be capitalized.

     (1) specify that the fundamental goal of the Landsat Program Management is the continuity of unenhanced Landsat data through the acquisition and operation of a Landsat 7 satellite as quickly as practicable which is, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability;

     (2) include a baseline funding profile that—

     (A) is mutually acceptable to the National Aeronautics and Space Administration and the Department of Defense for the period covering the development and operation of Landsat 7; and

     (B) provides for total funding responsibility of the National Aeronautics and Space Administration and the Department of Defense, respectively, to be approximately equal to the funding responsibility of the other as spread across the development and operational life of Landsat 7;

     (3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding exceeds the baseline funding profile required by paragraph (2), and that additional improvements will be sought only if the improvements will not jeopardize data continuity; and

     (4) provide for a technology demonstration program whose objective shall be the demonstration of advanced land remote sensing technologies that may potentially yield a system which is less expensive to build and operate, and more responsive to data users, than is the current Landsat system.

(c) Responsibilities

     The Landsat Program Management shall be responsible for—

     (1) Landsat 7 procurement, launch, and operations;

     (2) ensuring that the operation of the Landsat system is responsive to the broad interests of the civilian, national security, commercial, and foreign users of the Landsat system;

     (3) ensuring that all unenhanced Landsat data remain unclassified and that, except as provided in section 5656(a) and (b) of this title, no restrictions are placed on the availability of unenhanced data;

     (4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Research Program, as established in the Global Change Research Act of 1990 [15 U.S.C. 2921 et seq.], and to meet the needs of national security users;

     (5) Landsat data responsibilities pursuant to this chapter;

     (6) oversight of Landsat contracts entered into under sections 5612 and 5613 of this title;

     (7) coordination of a technology demonstration program, pursuant to section 5633 of this title; and

     (8) ensuring that copies of data acquired by the Landsat system are provided to the National Satellite Land Remote Sensing Data Archive.

(d) Authority to contract

     The Landsat Program Management may, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, enter into contracts with the private sector for services such as, but not limited to, satellite operations and data preprocessing.

(e) Landsat advisory process

(1) Establishment

     The Landsat Program Management shall seek impartial advice and comments regarding the status, effectiveness, and operation of the Landsat system, using existing advisory committees and other appropriate mechanisms. Such advice shall be sought from individuals who represent—

     (A) a broad range of perspectives on basic and applied science and operational needs with respect to land remote sensing data;

     (B) the full spectrum of users of Landsat data, including representatives from United States Government agencies, State and local government agencies, academic institutions, nonprofit organizations, value-added companies, the agricultural, mineral extraction, and other user industries, and the public, and

     (C) a broad diversity of age groups, sexes, and races.

(2) Reports

     Within 1 year after October 28, 1992, and biennially thereafter, the Landsat Program Management shall prepare and submit a report to the Congress which—

     (A) reports the public comments received pursuant to paragraph (1); and

     (B) includes—

     (i) a response to the public comments received pursuant to paragraph (1);

     (ii) information on the volume of use, by category, of data from the Landsat system; and

     (iii) any recommendations for policy or programmatic changes to improve the utility and operation of the Landsat system.

(Pub. L. 102–555, title I, § 101, Oct. 28, 1992, 106 Stat. 4166.)

References in Text

     The Global Change Research Act of 1990, referred to in subsec. (c)(4), is Pub. L. 101–606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (§ 2921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of this title and Tables.

Landsat Remote-Sensing Satellite Program

     Pub. L. 103–139, title VIII, § 8060, Nov. 11, 1993, 107 Stat. 1453, authorized Department of Defense to develop and procure the Landsat 7 vehicle, prior to repeal by Pub. L. 103–335, title VIII, § 8051, Sept. 30, 1994, 108 Stat. 2629. Similar provisions were contained in the following prior acts:

     Pub. L. 102–484, div. A, title II, § 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103–35, title II, § 202(a)(3), May 31, 1993, 107 Stat. 101.

     Pub. L. 102–396, title IX, § 9082A, Oct. 6, 1992, 106 Stat. 1920.

Section Referred to in Other Sections

     This section is referred to in sections 5602, 5614 of this title.