**Landsat Data Continuity Mission (LDCM)**

**Data Policy**

###### November 1, 2001

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#### I. INTRODUCTION

This document establishes policy for the acquisition, archival, and
distribution of land remote sensing data and data products procured or
otherwise acquired by the United States Government for the Landsat Data
Continuity Mission (LDCM). The LDCM is being planned to succeed Landsat
7. Section 401 of Public Law 102‑555, The Land Remote Sensing Policy Act
of 1992, directs Landsat Program Management to assess options for
successor missions to Landsat 7 that "encourage the development, launch,
and operation of a land remote sensing system that maintains data
continuity with the Landsat system." Presidential Decision Directive
NSTC-3 (signed May, 1994 and revised October 16, 2000) directs the
National Aeronautics and Space Administration (NASA) and the Department
of the Interior's (DOI) United States Geological Survey (USGS) to work
together "and with other relevant agencies to develop a strategy for
maintaining continuity of the Landsat-type data beyond Landsat 7 that is
consistent with each agency's expertise and mission." NASA and DOI/USGS
are implementing these laws and directives through the LDCM.

Section 401 of Public Law 102-555 also states that "preference should be
given to the development of such a system by the private sector" in
reference to the Landsat 7 successor system. Since these data are not
readily available for purchase in the commercial market, NASA and
DOI/USGS intend to procure these data through a government-industry
cooperative procurement, in accordance with this guidance. It is NASA's
and DOI/USGS's intent that the remote sensing system acquiring this
data, developed through the LDCM procurement, will be privately owned
and privately operated.

# 

{ **NB**: This Data Policy is a draft and may be revised as a result of
mission formulation studies conducted during step 1 of this 2-step
procurement. }

# II. SCOPE

This Policy is applicable to both the government agencies involved in
LDCM (NASA and DOI/USGS) and the developer/owner/operator of the LDCM
remote sensing system (hereinafter referred to as the LDCM Contractor).
The intent of this Policy is to define the protections, limitations, and
rights of NASA, DOI/USGS, and the LDCM Contractor related to all data
acquired by the LDCM remote sensing system, to data products that may be
produced by the Government or the LDCM Contractor, and to the
distribution of these data and data products.

# 

# III. POLICY GOALS

The LDCM Data Policy defines and promotes NASA and DOI/USGS goals for
the LDCM. To ensure continuity, this Policy also extends the relevant
goals of the Landsat 7 Data Policy.

The following goals were originally established in Section 105 of Public
Law 102-555:

1.  "Ensure that unenhanced data are available to all users at the cost
    of fulfilling user requests;"

2.  "Ensure timely and dependable delivery of unenhanced data to the
    full spectrum of civilian, national security, commercial, and
    foreign users and the National Satellite Land Remote Sensing Data
    Archive (NSLRSDA);"

3.  "Support the development of the commercial market for remote sensing
    data;" and

4.  "Ensure that the provision of commercial value‑added services based
    on remote sensing data remains exclusively the function of the
    private sector."

NASA and DOI/USGS have two additional goals:

5.  To minimize the price of LDCM Data Products to promote their use by
    the broadest group of users, and

6.  To continue the Landsat 7 data acquisition strategy for the LDCM.

Landsat 7 operates as a global survey mission, based on a long-term
acquisition, archive, and distribution data acquisition strategy to
provide systematic, seasonal, global coverage of the Earth's land mass.
This long-term acquisition, archive, and distribution strategy is in
contrast to a single-user focus acquisition strategy to solely fulfill
individual user data requests, although the new strategy also
accommodates individual users. The LDCM data acquisition specifications
are based on continuing the Landsat 7 archive strategy.

# IV. DEFINITIONS

Landsat Program Management:

Landsat Program Management consists of the Administrator of NASA and the
Secretary of the Interior. The October 16, 2000 Amendment to
Presidential Decision Directive/NSTC-3 states that "the Secretary of the
Interior and the Administrator of NASA are hereby designated as members
of the Landsat Program Management in accordance with section 101(b) of
the Land Remote Sensing Policy Act of 1992." The Amendment further
assigns NASA and DOI/USGS the responsibility for "maintaining continuity
of Landsat-type data beyond Landsat 7" under direction of Landsat
Program Management.

Land Remote Sensing:

Public Law 102-555 defines "land remote sensing" as: "...the collection
of data which can be processed into imagery of surface features of the
Earth from an unclassified satellite or satellites, other than an
operational United States Government weather satellite."

LDCM Contractor:

The LDCM Contractor is the private owner of the remote sensing system
from which NASA and DOI/USGS will procure land remote sensing data for
the LDCM. This private organization will be selected competitively
through a joint NASA-USGS procurement based on Federal Acquisition
Regulations.

LDCM Sensors:

The LDCM Sensors are the instruments that acquire and generate the land
remote sensing data that will be procured by NASA and DOI/USGS under the
LDCM.

LDCM Data:

LDCM Data are unprocessed land remote sensing data directly generated by
the LDCM Sensors and procured by NASA and DOI/USGS per the
specifications defined by the LDCM. LDCM Data also include metadata,
browse and ancillary data associated with the LDCM Data and Data
Products.

##### Unenhanced Data:

##### Public Law 102-555 defines unenhanced data as: "...land remote sensing signals or imagery products that are unprocessed or subject only to data preprocessing." 

Data Preprocessing:

Public Law 102-555 states that data preprocessing "...may include --

(A) rectification of system and sensor distortions in land remote
    sensing data as it is received directly from the satellite in
    preparation for delivery to a user;

(B) registration of such data with respect to features of the Earth; and

(C) calibration of spectral response with respect to such data, but does
    not include conclusions, manipulations, or calculations derived from
    such data, or a combination of such data with other data."

{ N.B. Preprocessing may include the aggregation of higher spatial
and/or spectral resolution data to produce data meeting the LDCM
specifications. }

##### LDCM Data Products:

##### LDCM Data Products are products derived from LDCM Data. These products will contain either unprocessed LDCM Data or preprocessed LDCM Data. The LDCM Data Products containing unprocessed LDCM Data are referred to as Level 0 data products and may be proprietary. The LDCM Data Products containing preprocessed LDCM Data are referred to as Level 1 data products and are in the public domain.

##### 

Value-Added Data Products:

Value-added data products are any products derived from LDCM Data
processed or otherwise enhanced beyond the steps defined above as "data
preprocessing."

National Satellite Land Remote Sensing Data Archive (NSLRSDA):

Public Law 102-555 defines the "National Satellite Land Remote Sensing
Data Archive" as: "...the archive established by the Secretary of the
Interior pursuant to the archival responsibilities defined in section
502." NSLRSDA is currently managed by DOI's USGS EROS Data Center.

# V. LDCM DATA

NASA and DOI/USGS will specify the characteristics and quantity of LDCM
Data required for the LDCM to maintain continuity with existing Landsat
data as directed by Public Law. The government will own these data under
the LDCM procurement. The contractor may also possess these data for
commercial purposes.

NASA and DOI/USGS will require archiving of the procured LDCM Data in a
timely manner.

The general public will be able to search the LDCM Data archive for the
purpose of selecting and ordering LDCM Data Products. Such access will
be provided in a manner that maximizes efficiency, such as via the
Internet or other global network.

NASA and DOI/USGS will only allow distribution of LDCM Data to
appropriate officers and employees of the two agencies, primarily to
assure data and data product quality and accuracy.

LDCM Data will be delivered to NSLRSDA in a timely manner to ensure
long-term archival continuity with existing Landsat data in NSLRSDA.

# VI. LDCM DATA PRODUCTS

NASA and DOI/USGS will specify the characteristics and quantity of LDCM
Data Products required for the LDCM. All LDCM Data Products specified by
NASA and DOI/USGS meet the definition of unenhanced data per Public Law
102-555.

NASA and DOI/USGS will require production of LDCM Data Products in a
timely manner following the placement of an order.

Level 0 LDCM Data Products will be required for purposes of assuring
data and data product quality and accuracy, such as sensor calibration
and data validation. NASA and DOI/USGS will require distribution of
Level 0 LDCM Data Products to appropriate officers and employees of the
two agencies for such purposes. NASA, the DOI/USGS, and the LDCM
Contractor may mutually agree to a wider distribution.

Level 1 LDCM Data Products shall be available for distribution without
restriction on a nondiscriminatory basis to all Landsat data users and
the general public based on the established pricing policy. NASA and
DOI/USGS will require distribution of these products at the lowest
possible prices in a timely manner that facilitates the widest possible
access, such as via the Internet or other global network.

Neither NASA and DOI/USGS nor the LDCM Contractor shall place any
restrictions, limitations, or constraints on the use, resale, secondary
distribution, or sharing of (unenhanced) Level 1 LDCM Data Products
initially distributed to a third party consistent with Office of
Management and Budget (OMB) Circular A-130.

Neither NASA and DOI/USGS nor the LDCM Contractor shall impose licensing
or royalty fees on any subsequent resale of (unenhanced) Level 1 LDCM
Data Products initially distributed to a third party in accordance with
OMB Circular A-130.

**[VII. LDCM DATA PRODUCT DISTRIBUTION]{.underline}**

The LDCM product distribution system will maintain or improve upon the
performance of the current DOI/USGS-operated Landsat product
distribution system, which is widely accepted by the Landsat data user
community.

{ **NB**: For the distribution of LDCM Data Products, the LDCM
Contractor is empowered to use the DOI/USGS product distribution system
or to propose an alternate system - whichever is in the best interest of
all concerned: the Government, the Landsat data user community, and the
LDCM Contractor. }

# VIII. PRICING

LDCM Data Products shall be provided at the lowest possible price to all
Landsat data users. As a first principle, the price shall be no more
than the cost of fulfilling a user request in accordance with OMB
Circular A-130.

The specific approach to pricing, both domestic and foreign, will depend
upon the LDCM Contractor\'s economic model and business plan, but must
honor the goals of this data policy.

**[\
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IX. VALUE-ADDED DATA PRODUCTS]{.underline}**

NASA and DOI/USGS will treat enhanced, value-added data products
produced by private industry as proprietary commercial property.

NASA and DOI/USGS will impose no restrictions, limitations, conditions,
or provisions on the sale and pricing of value-added data products
generated by the LDCM Contractor using LDCM Data.

Neither NASA and DOI/USGS, nor the LDCM Contractor will restrict, limit,
or otherwise constrain the sale and pricing of value-added data products
derived from Level 1 LDCM Data Products by any third party.

Neither NASA and DOI/USGS nor the LDCM Contractor will impose licensing
or royalty fees on any value-added data products derived from Level 1
LDCM Data Products by any third party.

**[X. OTHER DATA ACQUIRED OR PRODUCED BY THE LDCM
CONTRACTOR]{.underline}**

Land remote sensing data acquired by the LDCM Contractor beyond that
procured by NASA and DOI/USGS for the LDCM will be considered the LDCM
Contractor's property and will not be subject to the policies contained
herein for LDCM Data and LDCM Data Products.

NASA and DOI/USGS will impose no restrictions, limitations, conditions,
or provisions on the sale and pricing of data acquired by the LDCM
Contractor beyond that procured by NASA and DOI/USGS. NASA and DOI/USGS
will impose no restrictions, limitations, conditions, or provisions on
the sale and pricing of data products derived from these data, with the
exception of restrictions imposed by licensing under Title II of Public
Law 102-555.

NASA and DOI/USGS will impose no restrictions, limitations, conditions,
or provisions on the sale and pricing by the LDCM Contractor of
unenhanced or enhanced data products that exceed NASA and DOI/USGS LDCM
Data specifications with respect to spatial or spectral resolution.

**[XI. INTERNATIONAL COOPERATORS]{.underline}**

It is the intention of this data policy to continue providing access to
Landsat-type data to International Cooperators, particularly those who
have received Landsat data in the past as members of the Landsat 5/7
network of international ground stations. Such stations are typically
government owned, non-profit entities.

**[XII. REFERENCES]{.underline}**

o Landsat 7 Data Policy, February 9, 2000

o Presidential Decision Directive NSTC-3 (signed May, 1994 and revised
October 16, 2000)

o Land Remote Sensing Policy Act of 1992

o Executive Office of the President, Data Management for Global Change
Research Policy

Statements, 1991

o OMB Circular No. A-16, Coordination of Surveying and Mapping
Activities, 1990

o OMB Circular No. A-130, Management of Federal Information Resources,
1996

o United Nations Principles on Remote Sensing of the Earth from Space,
United Nations

Resolution 41/65, 3 December 1986.