### §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) 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) 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) 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).

(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.

(Pub. L. 100–685, title IV, §409, Nov. 17, 1988, 102 Stat. 4100; Pub. L. 101–508, title X, §10201(a), Nov. 5, 1990, 104 Stat. 1388–392.)

#### **Editorial Notes**

#### Amendments

1990—Subsec. (a). Pub. L. 101–508, §10201(a)(1), substituted "and information and products derived therefrom collected and/or archived by the National Oceanic and Atmospheric Administration" for "data archived by the National Environmental Satellite, Data, and Information Service of the National Oceanic and Atmospheric Administration".

Subsec. (b)(1). Pub. L. 101–508, §10201(a)(2), inserted ", information, and products" after "provide data" and substituted "data, information, and products are" for "data is".

Subsec. (b)(2). Pub. L. 101–508, §10201(a)(3), inserted ", information, or products" after "provide data" and substituted "basis of exchanging such data, information, and products" for "data exchange basis".

Subsec. (b)(3). Pub. L. 101–508, §10201(a)(4), added par. (3).

Subsec. (d). Pub. L. 101–508, §10201(a)(6), inserted "by the National Environmental Satellite, Data, and Information Service for archived data" after "under this section" in introductory provisions.

Subsec. (d)(1). Pub. L. 101–508, §10201(a)(5), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "No fees shall be assessed under this section until after September 30, 1989."

Subsecs. (e), (f)(1). Pub. L. 101–508, §10201(a)(6), inserted "by the National Environmental Satellite, Data, and Information Service for archived data" after "under this section".

Subsec. (g). Pub. L. 101–508, §10201(a)(7), inserted before period at end ", 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".

#### **Statutory Notes and Related Subsidiaries**

#### Effect of Amendments

Pub. L. 101–508, title X, §10201(b), Nov. 5, 1990, 104 Stat. 1388–393, provided that:

"(1) The increase in revenues to the United States attributable to the amendments made by subsection (a) [amending this section] shall not exceed—

"(A) $2,000,000 for each of the fiscal years 1991, 1992, and 1993; and

"(B) $3,000,000 for each of the fiscal years 1994 and 1995.

"(2) Increases in revenues to the United States described in paragraph (1) shall be achieved by the Secretary of Commerce through fair and equitable increases in fees for services offered by the various programs of the National Oceanic and Atmospheric Administration.

"(3) The Secretary of Commerce shall notify the Congress of any changes in fee schedules under section 409 of the Act of November 17, 1988 (15 U.S.C. 1534), before such changes take effect."

1 So in original. Probably should be preceded by "and".