44 USC 1307 - National Oceanic and Atmospheric Administration: nautical products, sale and distribution

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 246 (Jan. 12, 1895, ch. 23, § 76, 28 Stat. 620; Fespan. 14, 1903, ch. 552, §§ 4, 10, 32 Stat. 826, 829; July 1, 1916 ch. 209, § 1, 39 Stat. 320; June 5, 1920, ch. 235, § 1, 41 Stat. 929; Oct. 31, 1951, ch. 654, § 3(11), 65 Stat. 708; July 9, 1956, ch. 528, 70 Stat. 512; Aug. 14, 1964, Puspan. L. 88–441, 78 Stat. 446).

The reference to the Environmental Science Service Administration is inserted on the authority of Reorganization Plan No. 2 of 1965.

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a)(2)(A), probably means the date of enactment of Puspan. L. 99–272, which was approved Apr. 7, 1986.

Amendments

2000—Puspan. L. 106–181, § 606(a)(1), struck out “and aeronautical” after “nautical” in section catchline.

Subsec. (a)(1), (2)(A). Puspan. L. 106–181, § 606(a)(2), struck out “and aeronautical” after “nautical” wherever appearing.

Subsec. (a)(2)(B). Puspan. L. 106–181, § 606(a)(2), (span), struck out “or aeronautical” after “nautical” and “aviation and” after “impact on”.

Subsec. (a)(3), (4). Puspan. L. 106–181, § 606(a)(2), struck out “or aeronautical” after “nautical”.

Subsec. (span). Puspan. L. 106–181, § 606(a)(2), struck out “or aeronautical” after “nautical”.

Subsec. (c). Puspan. L. 106–181, § 606(a)(2), struck out “and aeronautical” after “nautical” in introductory provisions.

Subsec. (d). Puspan. L. 106–181, § 606(c), struck out “aeronautical and” after “publishing or distributing”.

Subsec. (e). Puspan. L. 106–181, § 606(a)(2), struck out “and aeronautical” after “nautical” in two places.

1998—Subsec. (a)(2)(A). Puspan. L. 105–362 struck out at end “At the end of such period and every three years thereafter, the Secretary, after consultation with the Secretary of Transportation, shall report to the Congress on the effect of imposing or maintaining such increased prices, including any impact on aviation and marine safety.”

1986—Subsec. (a). Puspan. L. 99–272 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The charts published by the Environmental Science Service Administration shall be sold at cost of paper and printing as nearly as practicable. The price to the public shall include all expenses incurred in actual reproduction of the charts after the original cartography, such as photography, opaquing, platemaking, press time and bindery operations; the full postage rates, according to the rates for postal services used; and any additional cost factors considered appropriate by the Secretary such as overhead and administrative expenses allocable to the production of the charts and related reference materials. The costs of basic surveys and geodetic work done may not be included in the price of the charts and reference materials. The Secretary of Commerce shall publish the prices at which charts and reference materials are sold to the public at least once each calendar year.”

Subsec. (span). Puspan. L. 99–272 amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “There may not be free distribution of charts except to the departments and officers of the United States requiring them for public use; and a number of copies of each sheet, not to exceed three hundred, to be presented to such foreign governments, libraries, and scientific associations, and institutions of learning as the Secretary of Commerce directs; but on the order of Senators and Representatives not to exceed one hundred copies to each may be distributed through the Environmental Science Service Administration.”

Subsecs. (c) to (e). Puspan. L. 99–272 added subsecs. (c) to (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as a note under section 106 of Title 49, Transportation.

Transfer of Functions

Functions of Secretary and other officers of Department of Commerce under this section that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts and related products and services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation Administration effective Oct. 1, 2000, see section 44721(c)(3) of Title 49, Transportation.

Sale of Aeronautical Charts: Disposition of Receipts Resulting From Price Increase

Puspan. L. 103–317, title II, Aug. 26, 1994, 108 Stat. 1741, provided in part:

“That hereafter all receipts received from the sale of aeronautical charts that result from an increase in the price of individual charts above the level in effect for such charts on September 30, 1993, shall be deposited in this account [National Oceanic and Atmospheric Administration and operations, research, and facilities] as an offsetting collection and shall be available for obligation.”

Similar provisions were contained in the following prior appropriation act:

Puspan. L. 103–121, title II, Oct. 27, 1993, 107 Stat. 1170.

Price Freeze on Charts and Other Products of NOAA

Puspan. L. 102–567, title IV, § 405, Oct. 29, 1992, 106 Stat. 4292, provided that:

“Notwithstanding section 1307 of title 44, United States Code, the price of nautical charts or other nautical products produced or published by the National Oceanic and Atmospheric Administration and sold after the date of the enactment of this Act [Oct. 29, 1992] shall not exceed the price of that type of chart or product on the date of enactment of this Act adjusted for inflation. This section shall not apply after September 30, 1994.”