[Congressional Record Volume 172, Number 144 (Monday, September 14, 2026)]
[House]
[Pages H5559-H5560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MODERNIZING ACCESS TO OUR PUBLIC OCEANS ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 759) to provide for the standardization, publication, and
accessibility of data relating to public outdoor recreational use of
Federal waterways, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 759
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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
research;
(F) the private sector, including technology or geospatial
data industries;
(G) nonprofit organizations; and
(H) institutions of higher education (as defined in section
201 of the Higher Education Act of 1965 (20 U.S.C. 1001));
and
(2) enter into agreements with experts within entities
described in any of subparagraphs (A) through (H) of
paragraph (1) to carry out any of the provisions of this Act.
(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 Department of Defense, the Department of
Energy, the Environmental Protection Agency, 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 the exclusive economic zone.
(c) Applicability of Federal, State, and Tribal Law and
Regulations.--The Secretary, in developing and distributing
geospatial data under this Act, shall make clear that the
data are subject to applicable laws and regulations of the
Federal Government, States, and Indian Tribes.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to modify or alter the definition of the term
``navigable waters'' under any provision of Federal law;
(2) to affect the jurisdiction or authority of Federal or
State agencies to regulate navigable waters;
(3) to increase or diminish the responsibility or authority
of Federal or State agencies or Indian Tribes to manage
fisheries under existing law;
(4) to satisfy any requirement for government-to-government
consultation with Indian Tribes or Native Hawaiian
organizations; or
(5) to affect or modify any treaty or other right of any
Indian Tribe.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Oregon (Ms. Hoyle)
each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise
[[Page H5560]]
and extend their remarks and include extraneous material on S. 759, the
bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 759, the Modernizing Access to
Our Public Oceans Act, sponsored by Senator Cruz from Texas.
This legislation would require NOAA to make certain data easily
accessible to the multiple users of our ocean resources. Recreational
and commercial industries operating on America's waterways need large
amounts of data, including waterway closures, speed limits, and fishing
restrictions.
Senator Cruz' legislation directs NOAA to work with stakeholders and
the public to determine what data to include, then publish it online in
a user-friendly format.
I thank Representative Fry of South Carolina, the sponsor of
companion legislation in the House of Representatives, for his
leadership on this initiative that will enhance safety and improve the
recreational experience for ocean users. I reserve the balance of my
time.
Ms. HOYLE of Oregon. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 759 would improve access to critical information for
ocean users, including recreational boaters and fishers. This bill
would direct the Secretary of Commerce to establish standards for NOAA
for mapping recreational use of our oceans. This information would
include fishing restrictions, vessel access, and navigation
information. Area restrictions, such as within the national marine
sanctuaries and marine national monuments, would be clearly marked on
these maps.
The United States' exclusive economic zone covers about 3.4 million
square nautical miles and supports 4.5 million recreational fishing
vessels. About 11 million registered boats contribute roughly $170
billion annually to the economy.
Currently, access to geospatial data for recreational use is across
multiple databases. This lack of centralized data can make it difficult
for millions of recreational boaters to understand the latest
regulations and puts both boaters and coastal environments at risk.
S. 759 would improve access, transparency, and usability of critical
information. By making regulations easier to understand and follow,
this bill will help create safer, more enjoyable experiences on the
water. This will strengthen coastal economies and improve environmental
protection efforts.
I urge my colleagues to support this legislation, and I yield back
the balance of my time.
Mr. WESTERMAN. Mr. Speaker, this bill is a commonsense step that
improves public safety and access to our oceans. I thank Senator Cruz
and Representative Fry for their diligent work and attention on this
issue.
I urge my colleagues to support the legislation, and I yield back the
balance of my time.
The SPEAKER pro tempore (Mr. Patronis). The question is on the motion
offered by the gentleman from Arkansas (Mr. Westerman) that the House
suspend the rules and pass the bill, S. 759.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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