[119th Congress Public Law 116]
[From the U.S. Government Publishing Office]
[[Page 140 STAT. 1057]]
Public Law 119-116
119th Congress
An Act
To provide for the standardization, publication, and accessibility of
data relating to public outdoor recreational use of Federal waterways,
and for other purposes. <<NOTE: Sept. 25, 2026 - [S. 759]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Modernizing
Access to Our Public Oceans Act.>>
SECTION 1. <<NOTE: 16 USC 6881 note.>> SHORT TITLE.
This Act may be cited as the ``Modernizing Access to Our Public
Oceans Act''.
SEC. 2. <<NOTE: 16 USC 6881.>> 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.
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(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. <<NOTE: Deadline. 16 USC 6882.>> 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. <<NOTE: 16 USC 6883.>> DATA PUBLICATION AND
ACCESSIBILITY.
(a) Data on Fishing and Recreational Vessels in Exclusive Economic
Zone. <<NOTE: Deadline. Public information. Web posting.>> --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) <<NOTE: Determination.>> 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--
[[Page 140 STAT. 1059]]
(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) <<NOTE: Process.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 16 USC 6884.>> 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) <<NOTE: Contracts.>> 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
[[Page 140 STAT. 1060]]
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. <<NOTE: 16 USC 6885.>> 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.
Approved September 25, 2026.
LEGISLATIVE HISTORY--S. 759:
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SENATE REPORTS: No. 119-40 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 171 (2025):
Sept. 10, considered and passed
Senate.
Vol. 172 (2026):
Sept. 14, considered and passed
House.
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