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 "Modernizing Access to Our Public Oceans Act" is about making maps and information on places you can go have fun on the water like fishing or kayaking, easy to find and use online. It's like having a website that shows where you can play on the water and what's safe to do there, and it tries to keep everything up-to-date, like how your favorite game always gets new updates.
Summary AI
S. 3889, known as the “Modernizing Access to Our Public Oceans Act,” aims to improve how information about federal waterways and fishing restrictions is shared with the public. It directs the Secretary of Commerce to create and maintain standardized geospatial data for these waterways, ensuring this information is accessible online. By coordinating with various state and federal entities, the bill seeks to make data on access and restrictions clear and updated regularly. Additionally, it stresses that the bill does not alter existing laws or authorities regarding navigable waters or fisheries management.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the “Modernizing Access to Our Public Oceans Act,” seeks to improve public access to data related to outdoor recreational use on federal waterways. Introduced in the Senate, the bill aims to standardize, publish, and provide easy access to geospatial data concerning federal waterways and fishing restriction areas. The bill outlines a framework for standardizing data, making detailed navigation and fishing access data available online, ensuring this information is accessible, and updating it regularly. It also provides for cooperation with various stakeholders to enhance the quality and usability of the data.
Summary of Significant Issues
The bill presents several issues that could affect its implementation and effectiveness:
Ambiguity in Terms: The repeated use of the phrase "to the maximum extent practicable" in Sections 4 and 5 might lead to ambiguity due to its subjective interpretation, resulting in inconsistencies in compliance.
Financial Concerns: Section 4 lacks transparency regarding the financial aspects of the bill, such as the cost implications of developing and maintaining the data website, posing a risk of budget overruns.
Oversight and Data Integrity: There are concerns about the absence of oversight or review mechanisms to ensure the accuracy and completeness of the data, which might undermine users' trust.
Stakeholder Engagement: Section 3 does not clearly define who the relevant stakeholders are, potentially leading to biased decision-making and exclusion of pertinent entities.
Coordination with Experts: The lack of specific criteria in selecting data science and analytics experts raises risks of including underqualified or biased individuals.
Feasibility of Real-Time Updates: The requirement for real-time updates, particularly of fishing restriction areas, is potentially challenging and costly, raising questions about its practicality.
Legal Definitions: The term "navigable waters" could benefit from a clearer definition to avoid future legal disputes regarding jurisdiction and regulatory authority.
Impact on the Public
Broadly speaking, this bill could significantly benefit the public by enhancing access to information about federal waterways, which could improve the safety and enjoyment of recreational activities such as fishing, boating, and diving. By making navigation and restriction data readily available, the public can make more informed decisions when planning recreational activities on these waterways. However, if the issues of data integrity and timely updates are not adequately addressed, the public's confidence and reliance on this information might be compromised.
Impact on Specific Stakeholders
Recreational Users: Individuals engaging in recreational activities on federal waterways could benefit from easier access to detailed information about waterway conditions and restrictions. However, if real-time updates are not feasible, they might encounter outdated or inaccurate information.
State and Tribal Authorities: These entities may need to collaborate closely with federal authorities to ensure that state and tribal regulations are accurately reflected in the data, ensuring consistency in legal enforcement and compliance.
Data and Technology Providers: The bill opens up opportunities for partnerships with technology and data science experts, potentially benefiting companies that specialize in geospatial data management. However, the vague selection criteria for these partnerships could lead to inefficiencies or bias in stakeholder engagement.
Environmental and Cultural Organizations: These groups might be concerned about the nondisclosure provisions regarding sensitive resource information, but the bill does align with existing laws on resource protection, potentially mitigating legal concerns.
In sum, while the bill has the potential to streamline data accessibility for public recreational use of waterways, addressing its current ambiguities and logistical challenges is crucial to realizing these benefits.
Issues
The phrase 'to the maximum extent practicable' appears multiple times in Section 4 regarding data publication and accessibility, as well as in Section 5 concerning cooperation and coordination. This could lead to significant ambiguity in enforcement and compliance, given its subjective nature, thus affecting the effectiveness of the entire bill.
Section 4 raises potential financial concerns, as there is no indication of the budgetary implications or cost analysis related to the development and maintenance of the publicly accessible website and the data updates, potentially leading to budget overruns.
In Section 4, there is a need to specify oversight or review mechanisms to ensure that the data on the website is accurate, complete, and regularly updated. This absence could lead to integrity issues, affecting users' trust in the data.
Section 3 lacks specificity regarding who the 'relevant stakeholders' are in the development and adoption of data standards. This vagueness could lead to potential biases or exclude important entities from the decision-making process.
Section 5 does not mention oversight or accountability mechanisms for the agreements with third-party providers. This lack of specification raises concerns about transparency and the potential misuse of resources, potentially leading to unethical practices.
In Section 5, the language concerning 'experts in data science, analytics, and operations research' is too general and lacks criteria for selection, leading to the risk of incorporating underqualified or biased contributors in the partnerships.
Section 4's requirement to update certain datasets in real-time as changes occur is technologically challenging and the feasibility or cost-effectiveness of this requirement is not addressed, potentially leading to financial and technical impracticalities.
In Section 6, the term 'navigable waters' might benefit from a definition to ensure consistent interpretation, avoiding potential legal disputes about jurisdiction and regulatory authority.
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 bill directs the Secretary, working with relevant stakeholders, to develop and adopt standards within 31 months for collecting and sharing geospatial data related to public outdoor recreational use of federal waterways and fishing restriction areas.
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.