111 
§ 60134. Preference for private sector land remote sensing 
system 
(a) IN GENERAL.—If a successor land remote sensing system to Landsat 
7 can be funded and managed by the private sector while still achieving the 
goals stated in subsection (b) without jeopardizing the domestic, national se-
curity, and foreign policy interests of the United States, preference should 
be given to the development of such a system by the private sector without 
competition from the United States Government. 
(b) GOALS.—The goals referred to in subsection (a) are— 
(1) to encourage the development, launch, and operation of a land 
remote sensing system that adequately serves the civilian, national se-
curity, commercial, and foreign policy interests of the United States; 
(2) to encourage the development, launch, and operation of a land 
remote sensing system that maintains data continuity with the Landsat 
system; and 
(3) to incorporate system enhancements, including any such enhance-
ments developed under the technology demonstration program under 
section 60133 of this title, which may potentially yield a system that 
is less expensive to build and operate, and more responsive to data 
users, than is the Landsat system otherwise projected to be in oper-
ation in the future. 
SUBCHAPTER V—GENERAL PROVISIONS 
§ 60141. Nondiscriminatory data availability 
(a) IN GENERAL.—Except as provided in subsection (b), any unenhanced 
data generated by the Landsat system or any other land remote sensing sys-
tem funded and owned by the United States Government shall be made 
available to all users without preference, bias, or any other special arrange-
ment (except on the basis of national security concerns pursuant to section 
60146 of this title) regarding delivery, format, pricing, or technical consid-
erations which would favor one customer or class of customers over another. 
(b) EXCEPTIONS.—Unenhanced data generated by the Landsat system or 
any other land remote sensing system funded and owned by the United 
States Government may be made available to the United States Government 
and its affiliated users at reduced prices, in accordance with this chapter, 
on the condition that such unenhanced data are used solely for noncommer-
cial purposes. 
§ 60142. Archiving of data 
(a) PUBLIC INTEREST.—It is in the public interest for the United States 
Government to— 
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(1) maintain an archive of land remote sensing data for historical, 
scientific, and technical purposes, including long-term global environ-
mental monitoring; 
(2) control the content and scope of the archive; and 
(3) ensure the quality, integrity, and continuity of the archive. 
(b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consulta-
tion with the Landsat Program Management, shall provide for long-term 
storage, maintenance, and upgrading of a basic, global, land remote sensing 
data set (hereafter in this section referred to as the ‘‘basic data set’’) and 
shall follow reasonable archival practices to ensure proper storage and pres-
ervation of the basic data set and timely access for parties requesting data. 
(c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In determining 
the initial content of, or in upgrading, the basic data set, the Secretary of 
the Interior shall— 
(1) use as a baseline the data archived on October 28, 1992; 
(2) take into account future technical and scientific developments 
and needs, paying particular attention to the anticipated data require-
ments of global environmental change research; 
(3) consult with and seek the advice of users and producers of re-
mote sensing data and data products; 
(4) consider the need for data which may be duplicative in terms of 
geographical coverage but which differ in terms of season, spectral 
bands, resolution, or other relevant factors; 
(5) include, as the Secretary of the Interior considers appropriate, 
unenhanced data generated either by the Landsat system, pursuant to 
subchapter II, or by licensees under subchapter III; 
(6) include, as the Secretary of the Interior considers appropriate, 
data collected by foreign ground stations or by foreign remote sensing 
space systems; and 
(7) ensure that the content of the archive is developed in accordance 
with section 60146 of this title. 
(d) PUBLIC DOMAIN.—After the expiration of any exclusive right to sell, 
or after relinquishment of such right, the data provided to the National Sat-
ellite Land Remote Sensing Data Archive shall be in the public domain and 
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. 
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§ 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. 
(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-
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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 
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 
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