Modernizing Access to Our Public Oceans Act: the text

[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.

[[Page 140 STAT. 1058]]

            (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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