[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 759 Reported in Senate (RS)]
<DOC>
Calendar No. 117
119th CONGRESS
1st Session
S. 759
[Report No. 119-40]
To provide for the standardization, publication, and accessibility of
data relating to public outdoor recreational use of Federal waterways,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2025
Mr. Cruz (for himself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
July 16, 2025
Reported by Mr. Cruz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for the standardization, publication, and accessibility of
data relating to public outdoor recreational use of Federal waterways,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Modernizing Access to Our
Public Oceans Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Federal fishing restriction area.--The term
``Federal fishing restriction area'' means a defined area in
which all or certain fishing activities are temporarily or
permanently banned or restricted by the National Oceanic and
Atmospheric Administration.</DELETED>
<DELETED> (2) Federal waterway.--The term ``Federal
waterway'' means any portion of a body of water managed in part
or in entirety by the Secretary.</DELETED>
<DELETED> (3) Federal waterway restriction.--The term
``Federal waterway restriction'' means a restriction on access
to or use of a Federal waterway applied under applicable law by
the Secretary.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED>SEC. 3. DATA STANDARDIZATION.</DELETED>
<DELETED> Not later than 31 months after the date of the enactment
of this Act, the Secretary, in consultation with relevant stakeholders,
shall develop and adopt standards with respect to the collection and
dissemination of geospatial data relating to public outdoor
recreational use of Federal waterways and Federal fishing restriction
areas, including such data made available under section 4.</DELETED>
<DELETED>SEC. 4. DATA PUBLICATION AND ACCESSIBILITY.</DELETED>
<DELETED> (a) Federal Waterway Fishing Access Data.--Not later than
4 years after the date of the enactment of this Act, the Secretary, to
the maximum extent practicable, shall make available on a publicly
accessible website geographic information system data that--</DELETED>
<DELETED> (1) includes, with respect to Federal waterway
restrictions--</DELETED>
<DELETED> (A) information with respect to the
conditions under which Federal waterways are open or
closed to entry, watercraft, low-elevation aircraft, or
diving;</DELETED>
<DELETED> (B) the areas of Federal waterways with
restrictions on motorized propulsion, horsepower, or
gasoline fuel;</DELETED>
<DELETED> (C) the areas of Federal waterways with
anchoring restrictions, no-wake zones, or vessel speed
restrictions; and</DELETED>
<DELETED> (D) the types of watercraft that are
restricted on each area of a Federal waterway,
including the permissibility of--</DELETED>
<DELETED> (i) motorboats;</DELETED>
<DELETED> (ii) non-motorized
watercraft;</DELETED>
<DELETED> (iii) personal
watercraft;</DELETED>
<DELETED> (iv) airboats;</DELETED>
<DELETED> (v) amphibious aircraft;
and</DELETED>
<DELETED> (vi) oceangoing ships;
and</DELETED>
<DELETED> (2) describes--</DELETED>
<DELETED> (A) the location and geographic boundaries
of Federal fishing restriction areas, including--
</DELETED>
<DELETED> (i) any zones where, and periods
when, fishing is limited under paragraphs (2),
(3), and (4) of section 303(b) of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1853(b));</DELETED>
<DELETED> (ii) full and partial closures, in
terms of both area and duration, as well as
seasonal closures;</DELETED>
<DELETED> (iii) no-catch zones;
and</DELETED>
<DELETED> (iv) Federal fishing restrictions
within or surrounding marine protected areas,
including National Marine Sanctuaries;
and</DELETED>
<DELETED> (B) to the maximum extent practicable,
restrictions imposed by the National Oceanic and
Atmospheric Administration on method of catch, such as
requirements relating to the use of circle hooks,
descending devices, and trolling.</DELETED>
<DELETED> (b) Federal Waterway Access and Navigation Information.--
</DELETED>
<DELETED> (1) In general.--The Secretary shall, to the
maximum extent practicable, continue to make available
digitized geographic information system data that includes,
with respect to access to Federal waterways--</DELETED>
<DELETED> (A) navigation information;</DELETED>
<DELETED> (B) bathymetric information; and</DELETED>
<DELETED> (C) depth charts.</DELETED>
<DELETED> (2) Website.--The Secretary shall make the data
described in paragraph (1) available on the website on which
the Secretary makes the data described in subsection (a)
available.</DELETED>
<DELETED> (c) Data Accessibility.--The Secretary shall ensure that
the website on which the Secretary makes the data described in
subsections (a) and (b) available--</DELETED>
<DELETED> (1) organizes that data so that the data is
findable, accessible, interoperable, and reusable;
and</DELETED>
<DELETED> (2) includes a mechanism by which users can be
easily updated when new data becomes available.</DELETED>
<DELETED> (d) Public Comment.--The Secretary shall develop a process
to allow members of the public to submit questions or comments
regarding the data described in subsections (a) and (b) and the
accessibility of that data under subsection (c).</DELETED>
<DELETED> (e) Updates.--The Secretary, to the maximum extent
practicable, shall update--</DELETED>
<DELETED> (1) the data described in subsections (a)(1) and
(b) not less frequently than 2 times each year; and</DELETED>
<DELETED> (2) the data described in subsection (a)(2) in
real time as changes to Federal fishing restriction areas take
effect.</DELETED>
<DELETED> (f) Nondisclosure of Certain Information.--The Secretary
may not disclose, in any geographic information system data made
publicly available under this section, information regarding the
nature, location, character, or ownership of historic, paleontological,
cultural, or archaeological resources, consistent with applicable
law.</DELETED>
<DELETED>SEC. 5. COOPERATION AND COORDINATION.</DELETED>
<DELETED> (a) Community Partners and Third-Party Providers.--For
purposes of carrying out this Act, the Secretary may--</DELETED>
<DELETED> (1) coordinate and partner with non-Federal
entities, including--</DELETED>
<DELETED> (A) State agencies;</DELETED>
<DELETED> (B) interstate marine fisheries
commissions;</DELETED>
<DELETED> (C) Regional Ocean Partnerships;</DELETED>
<DELETED> (D) experts in data science, analytics,
and operations research;</DELETED>
<DELETED> (E) the private sector, including
technology or geospatial data industries; and</DELETED>
<DELETED> (F) nonprofit organizations; and</DELETED>
<DELETED> (2) enter into agreements with experts described
in subparagraph (D) of paragraph (1), or experts within
entities described in subparagraph (A), (B), (C), (E), or (F)
of that paragraph, to carry out any of the provisions of this
Act.</DELETED>
<DELETED> (b) Interagency Coordination.--The Secretary shall, to the
maximum extent practicable, work with the relevant offices of the
Department of the Interior, the Department of Agriculture, the Coast
Guard, the Army Corps of Engineers, and the Interagency Working Group
on Ocean and Coastal Mapping codified by section 12203 of the Ocean and
Coastal Mapping Integration Act (33 U.S.C. 3502) to ensure
compatibility and interoperability among applicable Federal databases
with respect to the collection and dissemination of geospatial data
relating to public outdoor recreational use of Federal waterways and
Federal fishing restriction areas.</DELETED>
<DELETED> (c) Applicability of Federal, State, and Tribal
Regulations.--The Secretary, in developing and distributing geospatial
data under this Act, shall make clear that the data are subject to--
</DELETED>
<DELETED> (1) applicable Federal regulations; and</DELETED>
<DELETED> (2) applicable State and Tribal
regulations.</DELETED>
<DELETED>SEC. 6. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Nothing in this Act may be construed--</DELETED>
<DELETED> (1) to modify or alter the definition of the term
``navigable waters'' under any provision of Federal
law;</DELETED>
<DELETED> (2) to affect the jurisdiction or authority of
Federal or State agencies to regulate navigable waters;
or</DELETED>
<DELETED> (3) to increase or diminish the responsibility or
authority of Federal or State agencies to manage
fisheries.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Access to Our Public
Oceans Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of title
46, United States Code.
(2) Fishing restriction.--The term ``fishing restriction''
means a restriction on fishing in a federally managed fishery
established under section 303(b)(2) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1853(b)(2)),
including--
(A) a full or partial fishing closure, in terms of
both area and duration, or a seasonal closure;
(B) a no-catch zone in the fishery;
(C) a restriction on the method of catch for the
fishery; and
(D) another restriction on fishing, as determined
by the Secretary.
(3) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' have the meanings given
those terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517), except that the term includes the
Department of Hawaiian Home Lands and the Office of Hawaiian
Affairs of the State of Hawaii.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code.
(6) Recreational vessel.--The term ``recreational vessel''
has the meaning given that term in section 2101 of title 46,
United States Code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. DATA STANDARDIZATION.
Not later than 31 months after the date of the enactment of this
Act, the Secretary, in consultation with relevant stakeholders,
including State and local governments, Indian Tribes, and Native
Hawaiian organizations, shall develop and adopt standards with respect
to the coordination and dissemination of geospatial data relating to
fishing restrictions, use of the exclusive economic zone by
recreational vessels, and access to Federal waters by such vessels,
including such data made available under section 4.
SEC. 4. DATA PUBLICATION AND ACCESSIBILITY.
(a) Data on Fishing and Recreational Vessels in Exclusive Economic
Zone.--Not later than 4 years after the date of the enactment of this
Act, the Secretary, acting through the Director of the Office of
Science and Technology of the National Marine Fisheries Service, and to
the maximum extent practicable, shall make available on a publicly
accessible website geographic information system data that--
(1) includes, with respect to the exclusive economic zone--
(A) information with respect to the conditions
under which fishing restrictions are imposed and the
areas within the exclusive economic zone that are open
or closed to recreational boating, diving, and related
recreational activities (as determined by the
Secretary), including for safety reasons such as
because of the presence of harmful algal blooms;
(B) the areas of the exclusive economic zone with
restrictions on the use of motorized propulsion,
horsepower, or fuel by or of recreational vessels; and
(C) the types of recreational vessels that are
restricted on each area of the exclusive economic zone;
(2) describes the geographic boundaries of areas where
fishing restrictions occur; and
(3)(A) identifies Federal marine protected areas, including
National Marine Sanctuaries, national marine monuments, and
other federally protected waters; and
(B) includes information on what fishing, recreational
boating, and other related recreational activities are
authorized in each such area.
(b) Data on Navigation Within Exclusive Economic Zone.--
(1) In general.--The Secretary shall continue to make
available digitized geographic information system data that
includes, with respect to access to the exclusive economic
zone--
(A) navigation information;
(B) bathymetric information;
(C) depth charts; and
(D) other information, consistent with law and
policy.
(2) Website.--The Secretary shall, to the extent
practicable, make the data described in paragraph (1) available
on the website on which the Secretary makes the data described
in subsection (a) available.
(c) Data Accessibility.--The Secretary shall ensure that the
website on which the Secretary makes the data described in subsections
(a) and (b) available--
(1) organizes that data so that the data is findable,
accessible, interoperable, and reusable; and
(2) includes a mechanism by which users can be easily
updated when new data becomes available.
(d) Public Comment.--The Secretary shall develop--
(1) a process to allow members of the public to submit
questions or comments regarding the data described in
subsections (a) and (b) and the accessibility of that data
under subsection (c); and
(2) methods to improve the accessibility of data.
(e) Updates.--The Secretary shall update--
(1) the data described in subsections (a)(1) and (b) not
less frequently than 2 times each year; and
(2) the data described in paragraphs (2) and (3) of
subsection (a) in real time.
(f) Nondisclosure of Certain Information.--The Secretary may not,
consistent with applicable law and policy, disclose, in any geographic
information system data made publicly available under this section--
(1) information regarding the nature, location, character,
or ownership of historic, paleontological, cultural, or
archaeological resources; or
(2) commercial fishing information, including proprietary
information.
(g) Treatment of Tribal Waters and Fishing Areas.--The authorities
granted by this section shall not apply with respect to any usual or
accustomed fishing areas or Tribal waters.
SEC. 5. COOPERATION AND COORDINATION.
(a) Community Partners and Third-party Providers.--For purposes of
carrying out this Act, the Secretary may--
(1) coordinate and partner with non-Federal entities,
including--
(A) States;
(B) Indian Tribes, Native Hawaiian organizations,
and Tribal organizations;
(C) interstate commissions (as defined in section
303 of the Interjurisdictional Fisheries Act of 1986
(16 U.S.C. 4102));
(D) Regional Ocean Partnerships (as defined in
section 10202 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (16 U.S.C.
1468));
(E) experts in data science, analytics, and
operations r