Overview
Title
An Act To provide for the standardization, consolidation, and publication of data relating to public outdoor recreational use of Federal waterways among Federal land and water management agencies, and for other purposes.
ELI5 AI
H.R. 6127 wants to make sure that information about fishing and playing in water owned by the government is easier to find online, like the way we have maps of parks. It also wants people who own water in other places, like states and tribes, to help too, so everyone knows what's happening with the water.
Summary AI
H. R. 6127, titled the "Modernizing Access to Our Public Waters Act," aims to standardize, consolidate, and make public data about the recreational use of federal waterways. The bill requires the development of shared standards for data related to federal waterway access and fishing restrictions, to be made accessible online. Additionally, it encourages cooperation with state, tribal, and private entities and mandates regular updates and public reports on progress. The bill does not change existing regulations on water access or management but seeks to improve transparency and data usability.
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AnalysisAI
The "Modernizing Access to Our Public Waters Act" (MAPWaters Act) seeks to streamline and improve how data regarding the public use of federal waterways is gathered, standardized, and shared. By facilitating the standardization and consolidation of geospatial data related to federal waterway usage and fishing restrictions, the Act aims to make it easier for the public and stakeholders to access such information online. The bill mandates coordination among the Bureau of Reclamation, National Park Service, Bureau of Land Management, United States Fish and Wildlife Service, and Forest Service, with significant roles for the Secretary of Agriculture and the Secretary of the Interior.
Summary of Significant Issues
Several notable issues arise from the Act's provisions:
Extended Timelines: The Act provides up to 30 months for developing interagency standards and four years for digitizing geographic data. These extended timelines could delay access to current and accurate information for recreational purposes.
Ambiguities and Omissions: Certain terminologies, like "applicable Federal databases" and "Secretaries," lack clear definitions, which could lead to confusion about responsibilities. Additionally, the exclusion of irrigation canals and flowage easements is not well-justified, potentially leaving out important data for those reliant on such water bodies.
Resource and Cost Concerns: The requirement for real-time updates for fishing restriction data could be resource-intensive and expensive. Without a budgetary plan, this process might strain existing resources.
Vague Coordination Guidelines: While the Act permits partnerships with non-Federal entities, the language is non-committal, indicating that such collaborations are optional rather than mandated. This leaves the implementation of collaborative efforts uncertain and potentially inconsistent.
Reporting and Accountability: Reports detailing progress are only required through 2033, with no penalties for non-compliance, which may undermine accountability and completion of the Act’s objectives.
Impact on the Public
The Act's intended improvements in data access promise benefits for the general public, especially those who engage in outdoor recreational activities like boating, fishing, and hiking near federal waterways. By standardizing data, individuals and businesses can more reliably plan their activities around accurate, comprehensive information regarding accessibility and restrictions.
Impact on Stakeholders
Positive Impacts:
Recreational Users: With transparent and updated data, recreational enthusiasts will gain improved access to information critical for planning outings, ensuring they can comply with regulations and enjoy recreational activities without legal complications.
Data and Tech Companies: Companies specializing in geospatial data and related technologies might find opportunities to collaborate in developing and managing these new standards, potentially fostering innovation in data services.
Negative Impacts:
Federal Agencies: The real-time data demands and additional coordination requirements could place a significant strain on the involved federal agencies, potentially diverting resources from other essential tasks.
Environmental and Archaeological Concerns: While the Act excludes certain sensitive information from disclosure, managing this data within new systems could pose risks if not meticulously controlled, potentially affecting conservation and preservation efforts.
In summary, while the MAPWaters Act represents a significant advance in managing public access to federal waterways, the implementation risks and the ambivalence surrounding certain provisions invite cautious scrutiny from both public and private sectors. Addressing these issues effectively will be crucial in realizing the potential benefits of this legislation.
Issues
The bill sets a 30-month timeframe for developing interagency standards and a 4-year timeframe for digitizing and making publicly available geographical data (Sections 3 and 4). These timelines may be considered unnecessarily lengthy, potentially delaying access to important information needed by the public and relevant stakeholders.
The bill allows for real-time updates of fishing restriction data only, which might be resource-intensive (Section 4). This could strain available funding and technological capabilities without ensuring efficiency or effectiveness, raising concerns about resource allocation and cost implications.
There is ambiguity regarding which 'applicable law' allows for Federal waterway restrictions and the scope of Federal waterways included under the Act (Section 2). This lack of clarity could lead to legal disputes or challenges regarding the enforcement of these restrictions.
The bill lacks specificity in defining terms like 'applicable Federal databases' and 'Secretaries,' potentially causing confusion about responsibilities and the scope of the data standards being developed (Sections 3 and 2).
Subsection 5 introduces a permissive approach towards cooperation and coordination with non-Federal and private partners, using language like 'may,' which means there's no guarantee of action, leading to uncertainty in the implementation process.
The reporting requirements only extend until March 30, 2033, despite potential long-term effects of the Act, which might limit oversight and accountability (Section 6). Additionally, there is no consequence specified for failing to submit these reports.
The exclusion of irrigation canals and flowage easements from the digitization and publication requirements lacks clear justification, possibly leading to incomplete data sets that could affect stakeholders reliant on such information (Section 4).
There are no accountability measures specified for evaluating partnerships' effectiveness or criteria for selecting community partners, leaving room for potential favoritism or biased selection processes (Section 5).
The bill does not address potential cost implications or provide a budget plan for its implementation, raising concerns about financial oversight and the efficient use of resources (Section 4).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The MAPWaters Act stands for the "Modernizing Access to Our Public Waters Act." It is the official short title of the legislative act.
2. Definitions Read Opens in new tab
Summary AI
In this part of the Act, several key terms are defined: "Federal fishing restriction" refers to areas where fishing is limited by federal agencies, "Federal land or water management agency" includes agencies like the National Park Service and Forest Service, "Federal waterway" is a water area managed by the Secretaries, "Federal waterway restriction" limits access or usage of these waterways by law, and "Secretaries" refers to officials responsible for certain land and water management, specifically the Secretary of Agriculture and the Secretary of the Interior.
3. Interagency data standardization Read Opens in new tab
Summary AI
The section requires the Secretaries to work together with the Federal Geographic Data Committee to create and adopt standards for sharing geospatial data related to public access and fishing restrictions on federal waterways. They must complete this task within 30 months of the Act being enacted.
4. Data consolidation and publication Read Opens in new tab
Summary AI
Each Secretary is required to digitize and publish online data about federal waterway restrictions, access, navigation, and fishing rules within four years. They must update the information periodically while excluding irrigation canals and safeguarding sensitive archaeological and historical details.
5. Cooperation and coordination Read Opens in new tab
Summary AI
The section outlines that the Secretaries can work with various partners, including government and private organizations, to help implement the Act. They can collaborate with agencies like natural resource agencies and tech companies and may also engage the United States Geological Survey to manage and distribute data, ensuring all geospatial data complies with relevant regulations.
6. Reports Read Opens in new tab
Summary AI
The section requires that within one year of the law being passed, and every year after until 2033, the Secretaries must submit a report on their progress in fulfilling the law's requirements. These reports should be sent to specific committees in both the Senate and the House of Representatives.
7. Effect Read Opens in new tab
Summary AI
The section specifies that this Act does not change the definition of "navigable waters," doesn't affect how state or federal agencies regulate these waters or manage fisheries, and does not intend to close or limit access to waters currently open for recreation activities like hunting and fishing.