[Senate Report 119-40]
[From the U.S. Government Publishing Office]
Calendar No. 117
119th Congress } { Report
SENATE
1st Session } { 119-40
_______________________________________________________________________
MODERNIZING ACCESS TO OUR PUBLIC OCEANS ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 759
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 16, 2025.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 117
119th Congress } { Report
SENATE
1st Session } { 119-40
======================================================================
MODERNIZING ACCESS TO OUR PUBLIC OCEANS ACT
_______
July 16, 2025.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 759]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred 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, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
PURPOSE OF THE BILL
The purpose of S. 759, Modernizing Access to Our Public
Oceans Act, is to provide for the standardization, publication,
and accessibility of data relating to public outdoor
recreational use of Federal waterways, and for other purposes.
BACKGROUND AND NEEDS
The National Oceanic and Atmospheric Administration's
(NOAA) National Marine Fisheries Service (NMFS) is responsible
for managing marine fisheries within the U.S. exclusive
economic zone (EEZ), the area from 3 to 200 nautical miles off
the U.S. coast. Under the Magnuson-Stevens Fishery Conservation
and Management Act,\1\ Marine Mammal Protection Act,\2\ and
Endangered Species Act,\3\ NOAA has the authority to set rules
that restrict fishing and other recreational activities in the
EEZ to ensure Federal fisheries are sustainably managed and
specific marine species are protected.\4\
---------------------------------------------------------------------------
\1\16 U.S.C. 1801 et seq.; Public Law 94-265.
\2\16 U.S.C. 1361 et seq.; Public Law 92-522.
\3\16 U.S.C. 1531 et seq.; Public Law 93-205.
\4\``Understanding Fisheries Management in the United States,''
National Oceanic and Atmospheric Administration, National Marine
Fisheries Service (https://www.fisheries.noaa.gov/
insight/understanding-fisheries-management-united-states).
---------------------------------------------------------------------------
NOAA currently publishes data on fisheries, vessel traffic,
protected areas, and other relevant information in several
different formats. However, there is not one centralized online
location for the public to access all such data.
During the 117th Congress, the Modernizing Access to Our
Public Lands Act (or MAPLand Act)\5\ passed, requiring the
Federal Government to standardize and digitize information
showing data on permitted outdoor recreation activities for
Federal lands. This allowed the public to easily understand
where and when they could access public lands for hunting,
fishing, camping, and other recreation activities. The
Modernizing Access to Our Public Oceans Act follows a similar
approach as the MAPLand Act requiring Federal agencies to
create a centralized database and mapping of permitted
recreation activities within Federal waters.
---------------------------------------------------------------------------
\5\16 U.S.C. 6851; Public Law 117-114.
---------------------------------------------------------------------------
SUMMARY OF PROVISIONS
S. 759, as reported, would do the following:
Direct the Secretary of Commerce to develop data
standards for geospatial data on the fishing
restrictions and recreational use of the EEZ.
Direct the Secretary to digitize fishing and
recreation data for the EEZ and make it publicly
available online.
LEGISLATIVE HISTORY
S. 759 was introduced on February 26, 2025, by Senator Cruz
(for himself and Senator King) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. On March 12, 2025, the Committee met in open Executive
Session and, by voice vote, ordered S. 759 to be reported
favorably with an amendment (in the nature of a substitute).
118th Congress
S. 3889, the Modernizing Access to Our Public Oceans Act,
was introduced on March 6, 2024, by Senator Cruz (for himself
and Senator King) and was referred to the Committee on
Commerce, Science, and Transportation of the Senate.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 759 would require the National Oceanic and Atmospheric
Administration (NOAA) to publish geographic data, within 31
months of enactment, identifying areas within the U.S.
exclusive economic zone (EEZ) that are subject to regulatory
restrictions on fishing, boating, diving, and other
recreational activities. The data must be accessible on the
agency's website and updated at least twice a year. The EEZ is
an area that is adjacent to the country's coastal territorial
sea and extends about 230 miles beyond the coastline.
Under current law, NOAA maintains and publishes data
identifying area-based regulations related to fishing and
marine sanctuaries and develops navigational and underwater
mapping information for the EEZ. The agency also maintains a
federal spatial database of managed fisheries in collaboration
with the Regional Fishery Management Council Coordination
Committee and the Pacific States Marine Fisheries Commission.
In 2024, NOAA allocated $101 million for those activities.
CBO expects that NOAA would build on its existing
capabilities to develop geospatial data standards and
classification strategies for identifying restricted areas,
working with other federal agencies, tribes, state and local
governments and interstate commissions.
Based on information from the agency, CBO expects that NOAA
would need seven full-time equivalent staff in 2026 and five
each year thereafter, at an average cost of $180,000 per
employee. Those employees would be responsible for developing
standards and compiling data into a digital, accessible, and
interoperable geographic format. After accounting for
anticipated inflation, CBO estimates that implementing the bill
would cost $5 million over the 2025-2030 period. Any related
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
REGULATORY IMPACT STATEMENT
Because S. 759 does not create any new programs, the
legislation will have no additional regulatory impact and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Modernizing Access to Our Public Oceans Act''.
Section 2. Definitions.
This section would define the terms ``exclusive economic
zone'', ``fishing restriction'', ``Indian Tribe'', ``Tribal
organization'', ``Native Hawaiian organization'', ``nonprofit
organization'', ``recreational vessel'', and ``Secretary''.
Section 3. Data standardization.
This section would require the Secretary to develop and
adopt standards for coordinating and disseminating geospatial
data related to fishing restrictions, recreational boating, and
access to the exclusive economic zone. These standards must be
established within 31 months, with input from stakeholders
including State and local governments, Indian Tribes, and
Native Hawaiian organizations.
Section 4. Data publication and accessibility.
This section would require the Secretary to make geographic
information system data on the exclusive economic zone
available to the public no later than 4 years after enactment,
including information on fishing and boating restrictions,
protected marine areas, and navigation data. The website would
be accessible, reusable, regularly updated, and include a
public comment process. Sensitive information, like data on
cultural or archaeological resources and information on Tribal
waters and usual and accustomed fishing areas, would not be
disclosed to the public nor included on the website.
Section 5. Cooperation and coordination.
This section would enable the Secretary to partner with
States, Indian Tribes, Native Hawaiian organizations, experts
in data science, analytics, and operations research, the
private sector, and other non-Federal entities to carry out the
Act's provisions. The Secretary would also be required to work
with other Federal agencies to ensure interoperability of
Federal geospatial data relating to public outdoor recreational
use of the EEZ. The Secretary would ensure the data made public
complies with applicable Federal, State, and Tribal laws and
regulations.
Section 6. Rule of construction.
This section would clarify that the Act does not alter the
definition of the term ``navigable waters,'' affect the
authority of Federal or State agencies to regulate navigable
waters, or modify the responsibilities of Federal or State
agencies or Indian Tribes in managing fisheries under existing
law. It would also preserve the requirement for government-to-
government consultation with Indian Tribes and Native Hawaiian
organizations. This section ensures the Act does not alter
Indian Tribe treaties or rights.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
[all]