Overview
Title
To provide for the standardization, publication, and accessibility of data relating to public outdoor recreational use of Federal waterways, and for other purposes.
ELI5 AI
The bill is like a plan to make it easier for people to find information about rivers and lakes where they can do fun activities like fishing. It asks for a special website to show people where those places are and if there are any rules, while making sure secret stuff stays secret.
Summary AI
S. 3786, titled the "Modernizing Access to Our Public Oceans Act," aims to standardize, publish, and provide easier access to data concerning public outdoor recreational use of federal waterways. Introduced by Mr. Cruz, this bill directs the Secretary of Commerce to develop and maintain a publicly accessible website with updated geospatial data on federal waterways and fishing restrictions. It encourages collaboration with non-federal entities and other government agencies to ensure data compatibility and accessibility, while also protecting sensitive cultural and archaeological information. The bill does not change existing laws regarding navigable waters or regulatory authority.
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AnalysisAI
General Summary of the Bill
The Modernizing Access to Our Public Oceans Act is designed to improve access to and standardize the availability of geospatial data relating to federal waterways and fishing restriction areas. Introduced in the 118th Congress, the bill aims to make such data more transparent, accessible, and standardized, allowing for better public use and understanding of these areas. It requires the Secretary of Commerce to develop, publish, and maintain an online repository with detailed information about federal waterways, restrictions, and fishing areas. It also encourages collaboration between federal agencies and non-federal entities to ensure the data is comprehensive and follows regulations.
Summary of Significant Issues
Several issues stand out in this proposed legislation:
Ambiguity in Language: The use of terms like "to the maximum extent practicable" leaves much to interpretation, which could result in inconsistent application of the bill's requirements.
Lengthy Timelines: The period allowed for developing data standards is set at 30 months, which may be too long and could delay the benefits that the standardization could bring.
Budgetary Concerns: The act lacks clarity on cost implications for developing and maintaining the data platforms, raising potential concerns over financial management.
Technological Feasibility: Certain sections call for real-time data updates, a requirement that could be both technologically challenging and expensive to implement without clear feasibility studies.
Partnership Criteria: There is no clear outline for how non-federal partners and experts are selected, which could lead to concerns about favoritism or underqualified parties being involved.
Impact on the Public Broadly
By standardizing and making federal waterways data more accessible, the bill has the potential to significantly enhance public awareness and safe usage of these areas. Recreational users, conservationists, and commercial interests could all benefit from improved access to reliable information. However, if the execution of the bill is impacted by the issues outlined, such as inconsistent data dissemination or financial mismanagement, it could compromise these potential benefits. The public will primarily benefit from an increased ability to engage with federal waterways more knowledgeably and safely.
Impact on Specific Stakeholders
The bill affects several key stakeholders:
Recreational Users: Enthusiasts of fishing, boating, and other water-based activities will have improved information to plan their activities in accordance with federal regulations, enhancing their recreational experience.
Environmental and Conservation Groups: With more detailed data on federal waterways, these groups might find it easier to monitor and advocate for the conservation of sensitive areas and the enforcement of fishing restrictions.
Federal and State Agencies: While the bill provides direction for federal cooperation, it may introduce complexity into existing regulatory frameworks, particularly if ambiguities around jurisdiction are not resolved.
Technology and Data Firms: Companies in the technology and geospatial data industry might find new opportunities for collaboration and partnerships, although they must navigate potential ambiguities in partnership selection.
The success of the legislation will largely depend on the clarity of execution and resolution of highlighted issues, ensuring that data is not only accessible but also reliable and comprehensive.
Issues
The ambiguity in the term 'to the maximum extent practicable' across several sections, especially in Sections 4 and 5, could lead to subjective interpretation and inconsistent implementation regarding data publication, accessibility, and interagency coordination, potentially reducing the effectiveness of the bill.
The timeline for developing and adopting data standards in Section 3 is set at 30 months, which is arguably lengthy and might delay the standardization efforts that are crucial for the efficient collection and dissemination of data.
Section 4's lack of financial clarity, such as not addressing budgetary implications or cost analysis for developing and maintaining the publicly accessible website and real-time updates, raises concerns about potential overspending or resource misallocation, impacting taxpayers.
Section 4 also poses a significant technological challenge by requiring real-time updates of certain datasets without addressing the feasibility and potential high costs of implementing such advanced technological infrastructure.
In Section 5, the absence of specified criteria for selecting non-Federal partners or experts leads to a risk of favoritism or the involvement of underqualified parties, threatening the fairness and effectiveness of collaborations.
The lack of specificity in Section 2 regarding the term 'Federal waterway' and its management could result in confusion over legal jurisdiction and responsibility between federal and state agencies, as highlighted in Section 6.
There is a potential privacy or data protection concern in Section 4(f) regarding the nondisclosure of sensitive information, as it provides limited guidance on enforcement or applicable laws, raising legal and ethical issues regarding data privacy and protection.
The absence of an oversight or accountability mechanism in Section 5 for agreements with third-party providers may result in a lack of transparency and the potential misuse of resources, undermining public trust.
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 first section of the act states that it may be referred to as the “Modernizing Access to Our Public Oceans Act.”
2. Definitions Read Opens in new tab
Summary AI
This section of the bill provides definitions for important terms. It explains what a "Federal fishing restriction area" is, defines "Federal waterway" and "Federal waterway restriction," and clarifies that the "Secretary" refers to the Secretary of Commerce.
3. Data standardization Read Opens in new tab
Summary AI
The Secretary must create and adopt rules, in collaboration with relevant parties, within 30 months from the law's passage to standardize how geospatial data about public recreational use of federal waterways and fishing restriction areas is collected and shared.
4. Data publication and accessibility Read Opens in new tab
Summary AI
The section mandates that the Secretary make federal waterway fishing access and navigation data available online within four years, ensuring this data is easy to find, use, and update. It includes restrictions on waterways and fishing areas, with mechanisms for public feedback, regular updates, and safeguards against disclosing sensitive information.
5. Cooperation and coordination Read Opens in new tab
Summary AI
The Secretary can work with non-Federal partners and experts in various fields to implement this Act and may enter agreements to help carry out its provisions. The Secretary should also collaborate with other Federal agencies to ensure data compatibility and must clarify that the geospatial data developed is subject to relevant Federal, State, and Tribal regulations.
6. Rule of construction Read Opens in new tab
Summary AI
The section makes it clear that this Act does not change the definition of "navigable waters" in any federal laws, affect the authority of federal or state agencies to regulate these waters, or alter the responsibilities of these agencies to manage fisheries.