Geospatial Data Act of 2018 (43 U.S.C. chapter 46, 2801–2811)

Page 647

Editorial Notes

CHAPTER 45—STATE CONTROL OF NOXIOUS
PLANTS ON FEDERAL LANDS
Sec.

2701.
2702.
2703.

§ 2801

TITLE 43—PUBLIC LANDS

Control of noxious plants on Federal lands;
State programs; terms of entry.
Reimbursement of States for expenses.
Authorization of appropriations.

§ 2701. Control of noxious plants on Federal
lands; State programs; terms of entry
The heads of Federal departments or agencies
are authorized and directed to permit the commissioner of agriculture or other proper agency
head of any State in which there is in effect a
program for the control of noxious plants to
enter upon any lands under their control or jurisdiction and destroy noxious plants growing on
such land if—
(1) such entry is in accordance with a program submitted to and approved by such department or agency: Provided, That no entry
shall occur when the head of such Federal department or agency, or his designee, shall
have certified that entry is inconsistent with
national security;
(2) the means by which noxious plants are
destroyed are acceptable to the head of such
department or agency; and
(3) the same procedure required by the State
program with respect to privately owned land
has been followed.
(Pub. L. 90–583, § 1, Oct. 17, 1968, 82 Stat. 1146.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 1241 of this
title prior to editorial reclassification and renumbering
as this section.

§ 2702. Reimbursement of States for expenses
Any State incurring expenses pursuant to section 2701 of this title upon presentation of an
itemized account of such expenses shall be reimbursed by the head of the department or agency
having control or jurisdiction of the land with
respect to which such expenses were incurred:
Provided, That such reimbursement shall be only
to the extent that funds appropriated specifically to carry out the purposes of this chapter
are available therefor during the fiscal year in
which the expenses are incurred.
(Pub. L. 90–583, § 2, Oct. 17, 1968, 82 Stat. 1146.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 1242 of this
title prior to editorial reclassification and renumbering
as this section.

§ 2703. Authorization of appropriations
There are hereby authorized to be appropriated to departments or agencies of the Federal Government such sums as the Congress may
determine to be necessary to carry out the purposes of this chapter.
(Pub. L. 90–583, § 3, Oct. 17, 1968, 82 Stat. 1146.)

CODIFICATION
Section was formerly classified to section 1243 of this
title prior to editorial reclassification and renumbering
as this section.

CHAPTER 46—GEOSPATIAL DATA
Sec.

2801.
2802.
2803.
2804.
2805.
2806.
2807.
2808.
2809.
2810.
2811.

Definitions.
Federal Geographic Data Committee.
National Geospatial Advisory Committee.
National spatial data infrastructure.
National Geospatial Data Asset data themes.
Geospatial data standards.
Geoplatform.
Covered agency responsibilities.
Limitation on use of Federal funds.
Savings provision.
Private sector.

§ 2801. Definitions
In this chapter—
(1) the term ‘‘Advisory Committee’’ means
the National Geospatial Advisory Committee
established under section 2803(a) of this title;
(2) the term ‘‘Committee’’ means the Federal Geographic Data Committee established
under section 2802(a) of this title;
(3) the term ‘‘covered agency’’—
(A) means—
(i) an Executive department, as defined
in section 101 of title 5 that collects, produces, acquires, maintains, distributes,
uses, or preserves geospatial data on paper
or in electronic form to fulfill the mission
of the Executive department, either directly or through a relationship with another organization, including a State,
local government, Indian tribe, institution
of higher education, business partner or
contractor of the Federal Government, and
the public;
(ii) the National Aeronautics and Space
Administration; or
(iii) the General Services Administration; and
(B) does not include the Department of Defense (including 30 components and agencies
performing national missions) or any element of the intelligence community;
(4) the term ‘‘GeoPlatform’’ means the
GeoPlatform described in section 2807(a) of
this title;
(5) the term ‘‘geospatial data’’—
(A) means information that is tied to a location on the Earth, including by identifying the geographic location and characteristics of natural or constructed features and
boundaries on the Earth, and that is generally represented in vector datasets by
points, lines, polygons, or other complex geographic features or phenomena;
(B) may be derived from, among other
things, remote sensing, mapping, and surveying technologies;
(C) includes images and raster datasets,
aerial photographs, and other forms of
geospatial data or datasets in digitized or
non-digitized form; and
(D) does not include—

§ 2802

TITLE 43—PUBLIC LANDS
(i) geospatial data and activities of an
Indian tribe not carried out, in whole or in
part, using Federal funds, as determined
by the tribal government;
(ii) classified national security-related
geospatial data and activities of the Department of Defense, unless declassified;
(iii) classified national security-related
geospatial data and activities of the Department of Energy, unless declassified;
(iv) geospatial data and activities under
chapter 22 of title 10 or section 3045 of title
50;
(v) intelligence geospatial data and activities, as determined by the Director of
National Intelligence; or
(vi) certain declassified national security-related geospatial data and activities
of the intelligence community, as determined by the Secretary of Defense, the
Secretary of Energy, or the Director of National Intelligence;

(6) the term ‘‘Indian tribe’’ has the meaning
given that term under section 4 of the Indian
Self-Determination and Education Assistance
Act (25 U.S.C. 450b); 1
(7) the term ‘‘institution of higher education’’ has the meaning given that term
under section 1002 of title 20;
(8) the term ‘‘intelligence community’’ has
the meaning given that term in section 3003 of
title 50;
(9) the term ‘‘lead covered agency’’ means a
lead covered agency for a National Geospatial
Data Asset data theme designated under section 2805(b)(1) of this title;
(10) the term ‘‘local government’’ means any
city, county, township, town, borough, parish,
village, or other general purpose political subdivision of a State;
(11) the term ‘‘metadata for geospatial data’’
means information about geospatial data, including the content, source, vintage, accuracy,
condition, projection, method of collection,
and other characteristics or descriptions of
the geospatial data;
(12) the term ‘‘National Geospatial Data
Asset data theme’’ means the National
Geospatial Data Asset core geospatial datasets
(including electronic records and coordinates)
relating to a topic or subject designated under
section 2805 of this title;
(13) the term ‘‘National Spatial Data Infrastructure’’ means the technology, policies, criteria, standards, and employees necessary to
promote geospatial data sharing throughout
the Federal Government, State, tribal, and
local governments, and the private sector (including nonprofit organizations and institutions of higher education); and
(14) the term ‘‘proven practices’’ means
methods and activities that advance the use of
geospatial data for the benefit of society.
(Pub. L. 115–254, div. B, title VII, § 752, Oct. 5,
2018, 132 Stat. 3414.)
1 See

References in Text note below.

Page 648
Editorial Notes
REFERENCES IN TEXT

Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in
par. (6), is section 4 of Pub. L. 93–638, Jan. 4, 1975, 88
Stat. 2204, which was formerly classified to section 450b
of Title 25, Indians, prior to editorial reclassification as
section 5304 of Title 25.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 115–254, div. B, title VII, § 751(a), Oct. 5, 2018,
132 Stat. 3413, provided that: ‘‘This subtitle [subtitle F
(§§ 751–759C) of title VII of div. B of Pub. L. 115–254, enacting this chapter] may be cited as the ‘Geospatial
Data Act of 2018’.’’
FINDINGS
Pub. L. 115–254, div. B, title VII, § 751(b), Oct. 5, 2018,
132 Stat. 3413, provided that: ‘‘Congress finds that—
‘‘(1) open and publicly available data is essential to
the successful operation of the GeoPlatform;
‘‘(2) the private sector in the United States, for the
purposes of acquiring and producing quality
geospatial data and geospatial data services, has been
and continues to be invaluable in carrying out the
varying missions of Federal departments and agencies, as well as contributing positively to the United
States economy; and
‘‘(3) over the last 2 decades, Congress has passed
legislation that promotes greater access and use of
Government information and data, which has—
‘‘(A) sparked new, innovative start-ups and services;
‘‘(B) spurred economic growth in many sectors,
such as in the geospatial services;
‘‘(C) advanced scientific research;
‘‘(D) promoted public access to Federally funded
services and data; and
‘‘(E) improved access to geospatial data for the
purposes of promoting public health, weather forecasting, economic development, environmental protection, flood zone research, and other purposes.’’

§ 2802. Federal Geographic Data Committee
(a) In general
There is established within the Department of
the Interior an interagency committee to be
known as the Federal Geographic Data Committee, which shall act as the lead entity in the
executive branch for the development, implementation, and review of policies, practices, and
standards relating to geospatial data.
(b) Membership
(1) Chairperson and Vice Chairperson
The Secretary of the Interior and the Director of the Office of Management and Budget
shall serve as Chairperson of the Committee
and Vice Chairperson of the Committee, respectively.
(2) Other members
(A) In general
The head of each covered agency and the
Director of the National Geospatial-Intelligence Agency shall each designate a representative of their respective agency to
serve as a member of the Committee.
(B) Requirement for appointments
An officer appointed to serve as a member
of the Committee shall hold a position as an

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TITLE 43—PUBLIC LANDS

assistant secretary, or an equivalent position, or a higher ranking position.
(3) Guidance
Not later than 1 year after October 5, 2018,
and as needed thereafter, the Director of the
Office of Management and Budget shall update
guidance with respect to membership of the
Committee and the roles of members of the
Committee.
(c) Duties
The Committee shall—
(1) lead the development and management of
and operational decision making for the National Spatial Data Infrastructure strategic
plan and geospatial data policy in accordance
with section 2804 of this title;
(2) designate National Geospatial Data Asset
data themes and oversee the coordinated management of the National Geospatial Data
Asset data themes in accordance with section
2805 of this title;
(3) establish and maintain geospatial data
standards in accordance with section 2806 of
this title;
(4) periodically review and determine the extent to which covered agencies comply with
geospatial data standards;
(5) ensure that the GeoPlatform operates in
accordance with section 2807 of this title;
(6) direct and facilitate national implementation of the system of National Geospatial
Data Asset data themes;
(7) communicate with and foster communication among covered agencies and other entities and individuals relating to geospatial
data technology development, transfer, and
exchange in order to—
(A) identify and meet the needs of users of
geospatial data;
(B) promote cost-effective data collection,
documentation, maintenance, distribution,
and preservation strategies; and
(C) leverage Federal and non-Federal resources, such as promoting Federal shared
services and cross-agency coordination for
marketplace solutions;
(8) define roles and responsibilities and promote and guide cooperation and coordination
among agencies of the Federal Government,
State, tribal, and local governments, institutions of higher education, and the private sector in the collection, production, sharing, and
use of geospatial information, the implementation of the National Spatial Data Infrastructure, and the identification of proven practices;
(9) coordinate with international organizations having an interest in the National Spatial Data Infrastructure or global spatial data
infrastructures;
(10) make available online and update at
least annually—
(A) a summary of the status for each National Geospatial Data Asset data theme,
based on the report submitted by the applicable lead covered agency under section
2805(b)(3)(E)(ii)(I) of this title, which shall
include—
(i) an evaluation of the progress of each
lead covered agency in achieving the re-

§ 2803

quirements under subparagraphs (A), (B),
(C), and (D) of section 2805(b)(3) of this
title; and
(ii) a determination of whether, for each
of subparagraphs (A), (B), (C), and (D) of
section 2805(b)(3) of this title, each lead
covered agency meets expectations, has
made progress toward expectations, or
fails to meet expectations;
(B) a summary and evaluation of the
achievements of each covered agency, based
on the annual report submitted by the covered agency under section 2808(b)(1) of this
title, which shall include a determination of
whether the covered agency meets expectations, has made progress toward expectations, or fails to meet expectations for each
of paragraphs (1) through (13) of section
2808(a) of this title;
(C) a collection of periodic technical publications, management articles, and reports
related to the National Spatial Data Infrastructure; and
(D) a membership directory for the Committee, including identifying members of
any subcommittee or working group of the
Committee;
(11)(A) make available to and request comments from the Advisory Committee regarding
the summaries and evaluations required under
subparagraphs (A) and (B) of paragraph (10);
(B) if requested by the Advisory Committee,
respond to any comments by the Advisory
Committee; and
(C) not less than once every 2 years, submit
to Congress a report that includes the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10), the
comments of the Advisory Committee, and the
responses of the Committee to the comments;
(12)(A) make available to and request comments from covered agencies regarding the
summaries and evaluations required under
subparagraphs (A) and (B) of paragraph (10);
and
(B) not less than once every 2 years, submit
to Congress a report that includes the comments of the covered agencies and the responses of the Committee to the comments;
and
(13) support and promote the infrastructure
of networks, systems, services, and standards
that provide a digital representation of the
Earth to users for many applications.
(d) Staff support
The Committee shall establish an Office of the
Secretariat within the Department of the Interior to provide administrative support, strategic
planning, funding, and technical support to the
Committee.
(Pub. L. 115–254, div. B, title VII, § 753, Oct. 5,
2018, 132 Stat. 3415.)
§ 2803. National Geospatial Advisory Committee
(a) Establishment
The Secretary of the Interior shall establish
within the Department of the Interior the National Geospatial Advisory Committee to pro-

§ 2803

TITLE 43—PUBLIC LANDS

vide advice and recommendations to the Chairperson of the Committee.
(b) Membership
(1) Composition
The Advisory Committee shall be composed
of not more than 30 members, at least one of
which will be from the National Geospatial-Intelligence Agency, who shall—
(A) be appointed by the Chairperson of the
Committee;
(B) be selected—
(i) to generally achieve a balanced representation of the viewpoints of various
interested parties involved in national
geospatial activities and the development
of the National Spatial Data Infrastructure; and
(ii) with consideration of a geographic
balance of residence of the members; and
(C) be selected from among groups involved in the geospatial community, including—
(i) States;
(ii) local governments;
(iii) regional governments;
(iv) tribal governments;
(v) private sector entities;
(vi) geospatial information user industries;
(vii) professional associations;
(viii) scholarly associations;
(ix) nonprofit organizations;
(x) academia;
(xi) licensed geospatial data acquisition
professionals; and
(xii) the Federal Government.
(2) Chairperson
The Chairperson of the Committee shall appoint the Chairperson of the Advisory Committee.
(3) Period of appointment; vacancies
(A) In general
Members shall be appointed for a term of
3 years, with the term of 1⁄3 of the members
expiring each year.
(B) Vacancies
Any vacancy in the Advisory Committee
shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(4) Limit on terms
Except for the member from the National
Geospatial-Intelligence
Agency,
an
individual—
(A) may not be appointed to more than 2
consecutive terms as a member of the Advisory Committee; and
(B) after serving for 2 consecutive terms, is
eligible to be appointed as a member of the
Advisory Committee on and after the date
that is 2 years after the end of the second
consecutive term of the individual as a
member of the Advisory Committee.
(5) Ethical requirements
A member of the Advisory Committee may
not participate in any specific-party matter

Page 650

(including a lease, license, permit, contract,
claim, agreement, or related litigation) with
the Department of the Interior in which the
member has a direct financial interest.
(6) Incumbents
(A) In general
An individual serving on the day before
October 5, 2018, as a member of the National
Geospatial Advisory Committee established
by the Secretary of the Interior may serve
as a member of the Advisory Committee
until the end of the term of the individual
under the appointment.
(B) Limit on terms
Any period of service as a member of the
National Geospatial Advisory Committee established by the Secretary of the Interior
shall be considered a period of service as a
member of the Advisory Committee for purposes of paragraph (4).
(c) Subcommittees
A subcommittee of the Advisory Committee—
(1) may be formed for the purposes of compiling information or conducting research;
(2) shall be composed of members appointed
by the Chairperson of the Advisory Committee;
(3) shall act under the direction of the Chairperson of the Advisory Committee and the officer or employee designated under section
10(e) of the Federal Advisory Committee Act (5
U.S.C. App.) 1 with respect to the Advisory
Committee;
(4) shall report the recommendations of the
subcommittee to the Advisory Committee for
consideration; and
(5) shall meet as necessary to accomplish the
objectives of the subcommittee, subject to the
approval of the Chairperson of the Advisory
Committee and the availability of resources.
(d) Meetings
(1) In general
The Advisory Committee shall meet at the
call of the Chairperson, not less than 1 time
each year and not more than 4 times each
year.
(2) Quorum
A majority of the members of the Advisory
Committee shall constitute a quorum, but a
lesser number of members may hold meetings
or hearings.
(e) Duties of the Advisory Committee
The Advisory Committee shall—
(1) provide advice and recommendations relating to—
(A) the management of Federal and national geospatial programs;
(B) the development of the National Spatial Data Infrastructure; and
(C) implementation of this chapter;
(2) review and comment on geospatial policy
and management issues; and
(3) ensure the views of representatives of
non-Federal interested parties involved in na1 See

References in Text note below.

Page 651

§ 2804

TITLE 43—PUBLIC LANDS

tional geospatial activities are conveyed to
the Committee.
(f) Powers of the Advisory Committee
(1) Meetings

title shall provide administrative support to
the Advisory Committee.
(h) Applicability of FACA
(1) In general

The Advisory Committee may hold meetings
(which shall be open to the public) and sit and
act at such times and places as the Advisory
Committee considers advisable to carry out
this chapter.
(2) Information from covered agencies
(A) In general

Except as provided in paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) 1
shall apply to the Advisory Committee.
(2) No termination

The Advisory Committee, with the concurrence of the Chairperson of the Committee,
may secure directly from any covered agency such information as the Advisory Committee considers necessary to carry out this
chapter. Upon request of the Chairperson of
the Advisory Committee, the head of such
agency shall furnish such information to the
Advisory Committee.
(B) Noncooperation
The Advisory Committee shall include in
the comments of the Advisory Committee
submitted under section 2802(c)(11) of this
title a discussion of any failure by a covered
agency to furnish information in response to
a request under subparagraph (A) of this
paragraph.
(3) Postal services
The Advisory Committee may use the
United States mails in the same manner and
under the same conditions as other agencies of
the Federal Government.
(g) Advisory Committee personnel matters
(1) No compensation of members
(A) Non-Federal employees
A member of the Advisory Committee who
is not an officer or employee of the Federal
Government shall serve without compensation.
(B) Federal employees
A member of the Advisory Committee who
is an officer or employee of the Federal Government shall serve without compensation
in addition to the compensation received for
the services of the member as an officer or
employee of the Federal Government.
(2) Travel expenses
The members of the Advisory Committee
shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I
of chapter 57 of title 5 while away from their
homes or regular places of business in the performance of services for the Advisory Committee.
(3) Detail of Government employees
Any Federal Government employee may be
detailed to the Committee to support the Advisory Committee without reimbursement,
and such detail shall be without interruption
or loss of civil service status or privilege.
(4) Staff support
The Office of the Secretariat established by
the Committee under section 2802(d) of this

Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) 1 shall not
apply to the Advisory Committee.
(i) Termination
(1) In general
Except as provided in paragraph (2), the Advisory Committee shall terminate 10 years
after October 5, 2018.
(2) Continuation
The Advisory Committee may be continued
for successive 10-year periods by action taken
by the Secretary of the Interior to renew the
Advisory Committee before the date on which
the Advisory Committee would otherwise terminate.
(Pub. L. 115–254, div. B, title VII, § 754, Oct. 5,
2018, 132 Stat. 3418.)
Editorial Notes
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsecs. (c)(3) and (h), is Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, which was set out in the Appendix to Title 5,
Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et
seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022,
136 Stat. 4197, 4361. Sections 10 and 14 of the Act were
repealed and restated as sections 1009 and 1013, respectively, of Title 5. For disposition of sections of the Act
into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

§ 2804. National spatial data infrastructure
(a) In general
The National Spatial Data Infrastructure
shall ensure that geospatial data from multiple
sources (including the covered agencies, State,
local, and tribal governments, the private sector, and institutions of higher education) is
available and easily integrated to enhance the
understanding of the physical and cultural
world.
(b) Goals
The goals of the National Spatial Data Infrastructure are to—
(1) ensure—
(A) that geospatial data are reviewed prior
to disclosure to ensure—
(i) compliance with section 552a of title 5
(commonly known as the ‘‘Privacy Act of
1974’’); and
(ii) that personally identifiable information is not disclosed, which shall include
an assessment of re-identification risk
when determining what data constitute
personally identifiable information;
(B) that geospatial data are designed to
enhance the accuracy of statistical informa-

§ 2805

TITLE 43—PUBLIC LANDS

tion, both in raw form and in derived information products;
(C) free and open access for the public to
geospatial data, information, and interpretive products, in accordance with Office of
Management and Budget Circular A–130, or
any successor thereto;
(D) the protection of proprietary interests
related to licensed information and data;
and
(E) the interoperability and sharing capabilities of Federal information systems and
data to enable the drawing of resources from
covered agencies and partners of covered
agencies; and
(2) support and advance the establishment of
a Global Spatial Data Infrastructure, consistent with national security, national defense, national intelligence, and international
trade requirements, including ensuring that
covered
agencies
develop
international
geospatial data in accordance with international voluntary consensus standards, as defined in Office of Management and Budget Circular A–119, or any successor thereto.
(c) Strategic plan
The Committee shall prepare and maintain a
strategic plan for the development and implementation of the National Spatial Data Infrastructure in a manner consistent with national
security, national defense, and emergency preparedness program policies regarding data accessibility.
(d) Advisory role
The Committee shall advise Federal and nonFederal users of geospatial data on their responsibilities relating to implementation of the National Spatial Data Infrastructure.
(Pub. L. 115–254, div. B, title VII, § 755, Oct. 5,
2018, 132 Stat. 3420.)
§ 2805. National
themes

Geospatial

Data

Asset

data

(a) In general
The Committee shall designate as National
Geospatial Data Asset data themes the primary
topics and subjects for which the coordinated
development, maintenance, and dissemination
of geospatial data will benefit the Federal Government and the interests of the people of the
United States, which shall—
(1) be representations of conceptual topics
describing digital spatial information for the
Nation; and
(2) contain associated datasets (with attribute records and coordinates)—
(A) that are documented, verifiable, and
officially designated to meet recognized
standards;
(B) that may be used in common; and
(C) from which other datasets may be derived.
(b) Lead covered agencies
(1) In general
For each National Geospatial Data Asset
data theme, the Committee shall designate
one or more covered agencies as the lead cov-

Page 652

ered agencies for the National Geospatial Data
Asset data theme.
(2) General responsibility
The lead covered agencies for a National
Geospatial Data Asset data theme shall be responsible for ensuring the coordinated management of the data, supporting resources (including technology and personnel), and related
services and products of the National
Geospatial Data Asset data theme.
(3) Specific responsibilities
To assist in fulfilling the responsibilities
under paragraph (2) with respect to a National
Geospatial Data Asset data theme, the lead
covered agencies shall—
(A) provide leadership and facilitate the
development
and
implementation
of
geospatial data standards for the National
Geospatial Data Asset data theme, with a
particular emphasis on a data content standard for the National Geospatial Data Asset
data theme, including by—
(i) assessing existing standards;
(ii) identifying anticipated or needed
data standards; and
(iii) developing a plan to originate and
implement needed standards with relevant
community and international practices—
(I) in accordance with Office of Management and Budget Circular A–119, or
any successor thereto; and
(II) consistent with or as a part of the
plan described in subparagraph (B);
(B) provide leadership and facilitate the
development and implementation of a plan
for nationwide population of the National
Geospatial Data Asset data theme, which
shall—
(i) include developing partnership programs with States, Indian tribes, institutions of higher education, private sector
entities, other Federal agencies, and local
governments;
(ii) meet the needs of users of geospatial
data;
(iii) address human and financial resource needs;
(iv) identify needs relating to standards,
metadata for geospatial data within the
National Geospatial Data Asset data
theme, and the GeoPlatform; and
(v) expedite the development of necessary National Geospatial Data Asset
data themes;
(C) establish goals that support the strategic plan for the National Spatial Data Infrastructure prepared under section 2804(c)
of this title;
(D) as necessary, collect and analyze information from users of geospatial data within
the National Geospatial Data Asset data
theme regarding the needs of the users for
geospatial data and incorporate the needs of
users in strategies relating to the National
Geospatial Data Asset data theme; and
(E) as part of administering the National
Geospatial Data Asset data theme—
(i) designate a point of contact within
the lead covered agency who shall be re-

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§ 2807

TITLE 43—PUBLIC LANDS

sponsible for developing, maintaining, coordination relating to, and disseminating
data using the GeoPlatform;
(ii) submit to the Committee—
(I) a performance report, at least annually, that documents the activities relating to and implementation of the National Geospatial Data Asset data
theme, including progress in achieving
the requirements under subparagraphs
(A), (B), (C), and (D); and
(II) comments, as appropriate, regarding the summary and evaluation of the
performance report provided by the Committee under section 2802(c)(12) of this
title;
(iii) publish maps or comparable graphics online (in accordance with the mapping
conventions specified by the Committee)
showing the extent and status of the National Geospatial Data Asset data themes
for which the covered agency is a lead covered agency;
(iv) encourage individuals and entities
that are a source of geospatial data or
metadata for geospatial data for the National Geospatial Data Asset data theme
to provide access to such data through the
GeoPlatform;
(v) coordinate with the GeoPlatform;
and
(vi) identify and publish proven practices
for the use and application of geospatial
data of the lead covered agency.
(Pub. L. 115–254, div. B, title VII, § 756, Oct. 5,
2018, 132 Stat. 3421.)
§ 2806. Geospatial data standards
(a) In general
In accordance with section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note), the
Committee shall establish standards for each
National Geospatial Data Asset data theme,
which—
(1) shall include—
(A) rules, conditions, guidelines, and characteristics for the geospatial data within the
National Geospatial Data Asset data theme
and related processes, technology, and organization; and
(B) content standards for metadata for
geospatial
data
within
the
National
Geospatial Data Asset data theme;
(2) to the maximum extent practicable, shall
be consistent with international standards and
protocols;
(3) shall include universal data standards
that shall be acceptable for the purposes of declassified intelligence community data; and
(4) the Committee shall periodically review
and update as necessary for the standards to
remain current, relevant, and effective.
(b) Development of standards
The Committee shall—
(1) develop and promulgate standards under
this section—
(A) in accordance with Office of Management and Budget Circular A–119, or any successor thereto; and

(B) after consultation with a broad range
of data users and providers;
(2) to the maximum extent possible, use national and international standards adopted by
voluntary standards consensus bodies; and
(3) establish new standards only to the extent standards described in paragraph (2) do
not exist.
(c) Exclusion
The Secretary of the Interior shall withhold
from public disclosure any information the disclosure of which reasonably could be expected to
cause damage to the national interest, security,
or defense of the United States, including information relating to geospatial intelligence data
activities, as determined in consultation with
the Director of National Intelligence.
(Pub. L. 115–254, div. B, title VII, § 757, Oct. 5,
2018, 132 Stat. 3423.)
Editorial Notes
REFERENCES IN TEXT
Section 216 of the E-Government Act of 2002, referred
to in subsec. (a), is section 216 of Pub. L. 107–347, which
is set out in a note under section 3501 of Title 44, Public
Printing and Documents.

§ 2807. Geoplatform
(a) In general
The Committee shall operate an electronic
service that provides access to geospatial data
and metadata for geospatial data to the general
public, to be known as the GeoPlatform.
(b) Implementation
(1) In general
The GeoPlatform—
(A) shall—
(i) be available through the internet and
other communications means;
(ii) be accessible through a common
interface;
(iii) include metadata for all geospatial
data collected by covered agencies, directly or indirectly;
(iv) include download access to all open
geospatial data directly or indirectly collected by covered agencies; and
(v) include a set of programming instructions and standards providing an automated means of accessing available
geospatial data, which—
(I) harmonize sources and data standards associated with geospatial data, including metadata; and
(II) to the maximum extent practicable, as determined by the Chairperson of the Committee, shall be made
publicly available;
(B) may include geospatial data from a
source other than a covered agency, if determined appropriate by the Committee; and
(C) shall not store or serve proprietary information or data acquired under a license
by the Federal Government, unless authorized by the data provider.
(2) Managing partner
The Chairperson of the Committee shall designate an agency to serve as the managing

§ 2808

TITLE 43—PUBLIC LANDS

partner for developing and operating the
GeoPlatform, taking direction from the Committee on the scope, functionality, and performance of the GeoPlatform.
(c) Clarification
Although the GeoPlatform is intended to include all National Geospatial Data Asset and
other Federal datasets, nothing in this chapter
shall be construed to prevent a covered agency
from also presenting, providing, or disseminating data that is—
(1) specific to the functions of the covered
agency; or
(2) targeted to information consumers that
directly interface with the services, portals, or
other mechanisms of the covered agency.
(Pub. L. 115–254, div. B, title VII, § 758, Oct. 5,
2018, 132 Stat. 3424.)
§ 2808. Covered agency responsibilities
(a) In general
Each covered agency shall—
(1) prepare, maintain, publish, and implement a strategy for advancing geographic information and related geospatial data and activities appropriate to the mission of the covered agency, in support of the strategic plan
for the National Spatial Data Infrastructure
prepared under section 2804(c) of this title;
(2) collect, maintain, disseminate, and preserve geospatial data such that the resulting
data, information, or products can be readily
shared with other Federal agencies and nonFederal users;
(3) promote the integration of geospatial
data from all sources;
(4) ensure that data information products
and other records created in geospatial data
and activities are included on agency record
schedules that have been approved by the National Archives and Records Administration;
(5) allocate resources to fulfill the responsibilities of effective geospatial data collection, production, and stewardship with regard
to related activities of the covered agency,
and as necessary to support the activities of
the Committee;
(6) use the geospatial data standards, including the standards for metadata for geospatial
data, and other appropriate standards, including documenting geospatial data with the relevant metadata and making metadata available through the GeoPlatform;
(7) coordinate and work in partnership with
other Federal agencies, agencies of State, tribal, and local governments, institutions of
higher education, and the private sector to efficiently and cost-effectively collect, integrate, maintain, disseminate, and preserve
geospatial data, building upon existing nonFederal geospatial data to the extent possible;
(8) use geospatial information to—
(A) make Federal geospatial information
and services more useful to the public;
(B) enhance operations;
(C) support decision making; and
(D) enhance reporting to the public and to
Congress;
(9) protect personal privacy and maintain
confidentiality in accordance with Federal
policy and law;

Page 654

(10) participate in determining, when applicable, whether declassified data can contribute to and become a part of the National
Spatial Data Infrastructure;
(11) search all sources, including the
GeoPlatform, to determine if existing Federal,
State, local, or private geospatial data meets
the needs of the covered agency before expending funds for geospatial data collection;
(12) to the maximum extent practicable, ensure that a person receiving Federal funds for
geospatial data collection provides high-quality data; and
(13) appoint a contact to coordinate with the
lead covered agencies for collection, acquisition, maintenance, and dissemination of the
National Geospatial Data Asset data themes
used by the covered agency.
(b) Reporting
(1) In general
Each covered agency shall submit to the
Committee an annual report regarding the
achievements of the covered agency in preparing and implementing the strategy described in subsection (a)(1) and complying
with the other requirements under subsection
(a).
(2) Budget submission
Each covered agency shall—
(A) include geospatial data in preparing
the budget submission of the covered agency
to the President under sections 1105(a) and
1108 of title 31;
(B) maintain an inventory of all geospatial
data assets in accordance with OMB Circular
A–130, or any successor thereto; and
(C) prepare an annual report to Congress
identifying Federal-wide geospatial data assets, as defined in OMB Circular A–16, as set
forth in OMB memo M–11–03, Issuance of
OMB Circular A–16 Supplemental Guidance
(November 10, 2010), or any successor thereto.
(3) Disclosure
Each covered agency shall disclose each contract, cooperative agreement, grant, or other
transaction that deals with geospatial data,
which may include posting information relating to the contract, cooperative agreement,
grant,
or
other
transaction
on
www.USAspending.gov
and
www.itdashboard.gov, or any successors thereto.
(4) OMB review
In reviewing the annual budget justifications submitted by covered agencies, the Office of Management and Budget shall take into
consideration the summary and evaluations
required under subparagraphs (A) and (B) of
section 2802(c)(10) of this title, comments, and
replies to comments as required under paragraphs (11) and (12) of section 2802(c) of this
title, in its annual evaluation of the budget
justification of each covered agency.
(5) Reporting
The Office of Management and Budget shall
include a discussion of the summaries and

Page 655

TITLE 43—PUBLIC LANDS

evaluation of the progress in establishing the
National Spatial Data Infrastructure in each
E-Government status report submitted under
section 3606 of title 44.
(c) Audits
Not less than once every 2 years, the inspector
general of a covered agency (or senior ethics official of the covered agency for a covered agency
without an inspector general) shall submit to
Congress an audit of the collection, production,
acquisition, maintenance, distribution, use, and
preservation of geospatial data by the covered
agency, which shall include a review of—
(1) the compliance of the covered agency
with the standards for geospatial data, including metadata for geospatial data, established
under section 2806 of this title;
(2) the compliance of the covered agency
with the requirements under subsection (a);
and
(3) the compliance of the covered agency on
the limitation on the use of Federal funds
under section 2809 of this title.
(Pub. L. 115–254, div. B, title VII, § 759, Oct. 5,
2018, 132 Stat. 3425.)
§ 2809. Limitation on use of Federal funds
(a) Definition
In this section, the term ‘‘implementation
date’’ means the date that is 5 years after the
date on which standards for each National
Geospatial Data Asset data theme are established under section 2806 of this title.
(b) Limitation
Except as provided otherwise in this section,
on and after the implementation date, a covered
agency may not use Federal funds for the collection, production, acquisition, maintenance, or
dissemination of geospatial data that does not
comply with the applicable standards established under section 2806 of this title, as determined by the Committee.
(c) Exception for existing geospatial data
On and after the implementation date, a covered agency may use Federal funds to maintain
and disseminate geospatial data that does not
comply with the applicable standards established under section 2806 of this title if the
geospatial data was collected, produced, or acquired by the covered agency before the implementation date.
(d) Waiver
(1) In general
The Chairperson of the Committee may
grant a waiver of the limitation under subsection (b), upon a request from a covered
agency submitted in accordance with paragraph (2).
(2) Requirements
A request for a waiver under paragraph (1)
shall—
(A) be submitted not later than 30 days before the implementation date;
(B) provide a detailed explanation of the
reasons for seeking a waiver;
(C) provide a detailed plan to achieve compliance with the applicable standards established under section 2806 of this title; and

§ 2902

(D) provide the date by which the covered
agency shall achieve compliance with the
applicable standards established under section 2806 of this title.
(e) Best efforts to comply during transition
During the period beginning on the date on
which standards for a National Geospatial Data
Asset data theme are established under section
2806 of this title and ending on the implementation date, each covered agency, to the maximum
extent practicable, shall collect, produce, acquire, maintain, and disseminate geospatial
data within the National Geospatial Data Asset
data theme in accordance with the standards.
(Pub. L. 115–254, div. B, title VII, § 759A, Oct. 5,
2018, 132 Stat. 3427.)
§ 2810. Savings provision
Nothing in this chapter shall repeal, amend, or
supersede any existing law unless specifically
provided in this chapter.
(Pub. L. 115–254, div. B, title VII, § 759B, Oct. 5,
2018, 132 Stat. 3427.)
§ 2811. Private sector
The Committee and each covered agency may,
to the maximum extent practical, rely upon and
use the private sector in the United States for
the provision of geospatial data and services.
(Pub. L. 115–254, div. B, title VII, § 759C, Oct. 5,
2018, 132 Stat. 3427.)
CHAPTER 47—RECLAMATION TITLE
TRANSFER
Sec.

2901.
2902.
2903.
2904.
2905.
2906.
2907.

Purpose.
Definitions.
Authorization of transfers of title to eligible
facilities.
Eligibility criteria.
Liability.
Benefits.
Compliance with other laws.

§ 2901. Purpose
The purpose of this chapter is to facilitate the
transfer of title to Reclamation project facilities to qualifying entities on the completion of
repayment of capital costs.
(Pub. L. 116–9, title VIII, § 8001, Mar. 12, 2019, 133
Stat. 804.)
§ 2902. Definitions
In this chapter:
(1) Conveyed property
The term ‘‘conveyed property’’ means an eligible facility that has been conveyed to a
qualifying entity under section 2903 of this
title.
(2) Eligible facility
The term ‘‘eligible facility’’ means a facility
that meets the criteria for potential transfer
established under section 2904(a) of this title.
(3) Facility
(A) In general
The term ‘‘facility’’ includes a dam or appurtenant works, canal, lateral, ditch, gate,