113 
shall be made available to requesting parties by the Secretary of the Interior 
at the cost of fulfilling user requests. 
§ 60143. Nonreproduction 
Unenhanced data distributed by any licensee under subchapter III may 
be sold on the condition that such data will not be reproduced or dissemi-
nated by the purchaser for commercial purposes. 
§ 60144. Reimbursement for assistance 
The Administrator, the Secretary of Defense, and the heads of other 
United States Government agencies may provide assistance to land remote 
sensing system operators under the provisions of this chapter. Substantial 
assistance shall be reimbursed by the operator, except as otherwise provided 
by law. 
§ 60145. Acquisition of equipment 
The Landsat Program Management may, by means of a competitive proc-
ess, allow a licensee under subchapter III or any other private party to buy, 
lease, or otherwise acquire the use of equipment from the Landsat system, 
when such equipment is no longer needed for the operation of such system 
or for the sale of data from such system. Officials of other United States 
Government civilian agencies are authorized and encouraged to cooperate 
with the Secretary in carrying out this section. 
§ 60146. Radio frequency allocation 
(a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.—To the 
extent required by the Communications Act of 1934 (47 U.S.C. 151 et 
seq.), an application shall be filed with the Federal Communications Com-
mission for any radio facilities involved with commercial remote sensing 
space systems licensed under subchapter III. 
(b) DEADLINE FOR FCC ACTION.—It is the intent of Congress that the 
Federal Communications Commission complete the radio licensing process 
under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the 
application of any private sector party or consortium operator of any com-
mercial land remote sensing space system subject to this chapter, within 
120 days of the receipt of an application for such licensing. If final action 
has not occurred within 120 days of the receipt of such an application, the 
Federal Communications Commission shall inform the applicant of any 
pending issues and of actions required to resolve them. 
(c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYSTEMS.— 
Authority shall not be required from the Federal Communications Commis-
sion for the development and construction of any United States land remote 
sensing space system (or component thereof), other than radio transmitting 
facilities or components, while any licensing determination is being made. 
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(d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC IN-
TEREST.—Frequency allocations made pursuant to this section by the Fed-
eral Communications Commission shall be consistent with international obli-
gations and with the public interest. 
§ 60147. Consultation 
(a) CONSULTATION WITH SECRETARY OF DEFENSE.—The Secretary and 
the Landsat Program Management shall consult with the Secretary of De-
fense on all matters under this chapter affecting national security. The Sec-
retary of Defense shall be responsible for determining those conditions, con-
sistent with this chapter, necessary to meet national security concerns of the 
United States and for notifying the Secretary and the Landsat Program 
Management promptly of such conditions. 
(b) CONSULTATION WITH SECRETARY OF STATE.— 
(1) IN GENERAL.—The Secretary and the Landsat Program Man-
agement shall consult with the Secretary of State on all matters under 
this chapter affecting international obligations. The Secretary of State 
shall be responsible for determining those conditions, consistent with 
this chapter, necessary to meet international obligations and policies of 
the United States and for notifying promptly the Secretary and the 
Landsat Program Management of such conditions. 
(2) INTERNATIONAL AID.—Appropriate United States Government 
agencies are authorized and encouraged to provide remote sensing data, 
technology, and training to developing nations as a component of pro-
grams of international aid. 
(3) REPORTING DISCRIMINATORY DISTRIBUTION.—The Secretary of 
State shall promptly report to the Secretary and Landsat Program 
Management any instances outside the United States of discriminatory 
distribution of Landsat data. 
(c) STATUS REPORT.—The Landsat Program Management shall, as often 
as necessary, provide to Congress complete and updated information about 
the status of ongoing operations of the Landsat system, including timely no-
tification of decisions made with respect to the Landsat system in order to 
meet national security concerns and international obligations and policies of 
the United States Government. 
(d) REIMBURSEMENTS.—If, as a result of technical modifications imposed 
on a licensee under subchapter III on the basis of national security con-
cerns, the Secretary, in consultation with the Secretary of Defense or with 
other Federal agencies, determines that additional costs will be incurred by 
the licensee, or that past development costs (including the cost of capital) 
will not be recovered by the licensee, the Secretary may require the agency 
or agencies requesting such technical modifications to reimburse the licensee 
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for such additional or development costs, but not for anticipated profits. Re-
imbursements may cover costs associated with required changes in system 
performance, but not costs ordinarily associated with doing business abroad. 
§ 60148. Enforcement 
(a) IN GENERAL.—In order to ensure that unenhanced data from the 
Landsat system received solely for noncommercial purposes are not used for 
any commercial purpose, the Secretary (in collaboration with private sector 
entities responsible for the marketing and distribution of unenhanced data 
generated by the Landsat system) shall develop and implement a system for 
enforcing this prohibition, in the event that unenhanced data from the 
Landsat system are made available for noncommercial purposes at a dif-
ferent price than such data are made available for other purposes. 
(b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the Secretary 
may impose any of the enforcement mechanisms described in subsection (c) 
against a person that— 
(1) receives unenhanced data from the Landsat system under this 
chapter solely for noncommercial purposes (and at a different price 
than the price at which such data are made available for other pur-
poses); and 
(2) uses such data for other than noncommercial purposes. 
(c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms referred to 
in subsection (b) may include civil penalties of not more than $10,000 (per 
day per violation), denial of further unenhanced data purchasing privileges, 
and any other penalties or restrictions the Secretary considers necessary to 
ensure, to the greatest extent practicable, that unenhanced data provided 
for noncommercial purposes are not used to unfairly compete in the com-
mercial market against private sector entities not eligible for data at the 
cost of fulfilling user requests. 
(d) PROCEDURES AND REGULATIONS.—The Secretary shall issue any reg-
ulations necessary to carry out this section and shall establish standards 
and procedures governing the imposition of enforcement mechanisms under 
subsection (b). The standards and procedures shall include a procedure for 
potentially aggrieved parties to file formal protests with the Secretary alleg-
ing instances where such unenhanced data have been, or are being, used for 
commercial purposes in violation of the terms of receipt of such data. The 
Secretary shall promptly act to investigate any such protest, and shall re-
port annually to Congress on instances of such violations. 
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SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF 
WEATHER SATELLITES 
§ 60161. Prohibition 
Neither the President nor any other official of the Government shall make 
any effort to lease, sell, or transfer to the private sector, or commercialize, 
any portion of the weather satellite systems operated by the Department of 
Commerce or any successor agency. 
§ 60162. Future considerations 
Regardless of any change in circumstances subsequent to October 28, 
1992, even if such change makes it appear to be in the national interest 
to commercialize weather satellites, neither the President nor any official 
shall take any action prohibited by section 60161 of this title unless this 
subchapter has first been repealed. 
CHAPTER 603—REMOTE SENSING 
Sec. 
60301.
Definitions. 
60302.
General responsibilities. 
60303.
Pilot projects to encourage public sector applications. 
60304.
Program evaluation. 
60305.
Data availability. 
60306.
Education. 
§ 60301. Definitions 
In this chapter: 
(1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial information’’ 
means knowledge of the nature and distribution of physical and cul-
tural features on the landscape based on analysis of data from airborne 
or spaceborne platforms or other types and sources of data. 
(2) HIGH RESOLUTION.—The term ‘‘high resolution’’ means resolu-
tion better than five meters. 
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of 
higher education’’ has the meaning given the term in section 101(a) 
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
§ 60302. General responsibilities 
The Administrator shall— 
(1) develop a sustained relationship with the United States commer-
cial remote sensing industry and, consistent with applicable policies and 
law, to the maximum practicable, rely on their services; and 
(2) in conjunction with United States industry and universities, re-
search, develop, and demonstrate prototype Earth science applications 
to enhance Federal, State, local, and tribal governments’ use of govern-
ment and commercial remote sensing data, technologies, and other 
sources of geospatial information for improved decision support to ad-
dress their needs. 
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