51 U.S.C. § 60101 — Definitions
submitted 16 years ago by Pub. L. 111-314 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 709 words · no verdicts yet
This section defines terms used in the Landsat land-remote-sensing law. It covers things like unenhanced data, data continuity, noncommercial purposes, and the Landsat system. It also names who runs Landsat Program Management and the national data archive.
This chapter uses these definitions:
(1) "Cost of fulfilling user requests" means the extra costs of producing, copying, and delivering unenhanced data to answer user requests — not counting the buying, amortizing, or depreciating of capital equipment the government already paid for, or other costs not tied specifically to filling those requests.
(2) "Data continuity" means that unenhanced data keeps being collected and available in a way that is, from a user's view: (A) close enough (in how it's gathered, what it covers, and its spectral qualities) to earlier Landsat data to allow comparisons for tracking global and regional change; and (B) compatible with that earlier data and with the methods used to receive and process it.
(3) "Data preprocessing" may include: (A) correcting system and sensor distortions in the data as received straight from the satellite, before delivering it to a user; (B) matching the data to Earth features; and (C) calibrating its spectral response — but it does not include conclusions, manipulations, or calculations drawn from the data, or combining it with other data.
(4) "Land remote sensing" means collecting data that can be turned into images of the Earth's surface, from an unclassified satellite other than an operational U.S. government weather satellite.
(5) "Landsat Program Management" means the joint management structure set up by, and answering to, the Administrator* and the Secretary of Defense under section 60111(a) of this title, made up of officers and employees from the Administration*, the Department of Defense, and any other agency the President names.
(6) "Landsat system" means Landsats 1 through 6, plus any follow-on land-remote-sensing system the U.S. government owns and operates, along with related government-owned ground equipment and facilities.
(7) "Landsat 6 contractor" means the private company that got the contract to build, operate, and market data from the Landsat 6 spacecraft.
(8) "Landsat 7" means the satellite that followed Landsat 6.
(9) "National Satellite Land Remote Sensing Data Archive" means the archive the Secretary of the Interior set up under section 60142 of this title.
(10) "Noncommercial purposes" means activities where the person receiving unenhanced data agrees that: (A) the data will not be used for a commercial-contract bid, a commercial product, or any other non-government activity meant, or likely, to make a profit; (B) the results are shared openly and promptly in the technical literature or another public way, unless disclosure would hurt U.S. national security or foreign policy or break a law; and (C) the data will not be given out in competition with data the Landsat 6 contractor sells.
(11) "Secretary" means the Secretary of Commerce.
(12) "Unenhanced data" means land-remote-sensing signals or image products that are unprocessed, or only put through data preprocessing.
(13) "United States Government and its affiliated users" means: (A) U.S. government agencies; (B) researchers in the U.S. Global Change Research Program and its international partner programs; and (C) other researchers and international groups that have signed a cooperative agreement with the U.S. government to use Landsat data for noncommercial purposes.
In this chapter:
The term “cost of fulfilling user requests” means the incremental costs associated with providing product generation, reproduction, and distribution of unenhanced data in response to user requests and shall not include any acquisition, amortization, or depreciation of capital assets originally paid for by the United States Government or other costs not specifically attributable to fulfilling user requests.
The term “data continuity” means the continued acquisition and availability of unenhanced data which are, from the point of view of the user—
sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and
compatible with such data and with methods used to receive and process such data.
The term “data preprocessing”—
may include—
rectification of system and sensor distortions in land remote sensing data as it is received directly from the satellite in preparation for delivery to a user;
registration of such data with respect to features of the Earth; and
calibration of spectral response with respect to such data; but
does not include conclusions, manipulations, or calculations derived from such data, or a combination of such data with other data.
The term “land remote sensing” means the collection of data which can be processed into imagery of surface features of the Earth from an unclassified satellite or satellites, other than an operational United States Government weather satellite.
The term “Landsat Program Management” means the integrated program management structure—
established by, and responsible to, the Administrator* and the Secretary of Defense pursuant to section 60111(a) of this title; and
consisting of appropriate officers and employees of the Administration*, the Department of Defense, and any other United States Government agencies the President designates as responsible for the Landsat program.
The term “Landsat system” means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing system operated and owned by the United States Government, along with any related ground equipment, systems, and facilities owned by the United States Government.
The term “Landsat 6 contractor” means the private sector entity which was awarded the contract for spacecraft construction, operations, and data marketing rights for the Landsat 6 spacecraft.
The term “Landsat 7” means the follow-on satellite to Landsat 6.
The term “National Satellite Land Remote Sensing Data Archive” means the archive established by the Secretary of the Interior pursuant to the archival responsibilities defined in section 60142 of this title.
The term “noncommercial purposes” means activities undertaken by individuals or entities on the condition, upon receipt of unenhanced data, that—
such data shall not be used in connection with any bid for a commercial contract, development of a commercial product, or any other non-United States Government activity that is expected, or has the potential, to be profitmaking;
the results of such activities are disclosed in a timely and complete fashion in the open technical literature or other method of public release, except when such disclosure by the United States Government or its contractors would adversely affect the national security or foreign policy of the United States or violate a provision of law or regulation; and
such data shall not be distributed in competition with unenhanced data provided by the Landsat 6 contractor.
The term “Secretary” means the Secretary of Commerce.
The term “unenhanced data” means land remote sensing signals or imagery products that are unprocessed or subject only to data preprocessing.
The term “United States Government and its affiliated users” means—
United States Government agencies;
researchers involved with the United States Global Change Research Program and its international counterpart programs; and
other researchers and international entities that have signed with the United States Government a cooperative agreement involving the use of Landsat data for noncommercial purposes.
Source credit: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3409.)
- 2010Enacted · Pub. L. 111-314 · 124 Stat. 3409
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-314 on 2010-12-18.
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