§ 5602. Definitions
In this chapter, the following definitions apply:
(1)
The term “Administrator” means the Administrator of the National Aeronautics and Space Administration.
(2)
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.
(3)
The term “data continuity” means the continued acquisition and availability of unenhanced data which are, from the point of view of the user—
(4)
The term “data preprocessing” may include—
(5)
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.
(6)
The term “Landsat Program Management” means the integrated program management structure—
(7)
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.
(8)
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.
(10)
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
5652 of this title.
(11)
The term “noncommercial purposes” refers to those activities undertaken by individuals or entities on the condition, upon receipt of unenhanced data, that—
(A)
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;
(B)
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
(13)
The term “unenhanced data” means land remote sensing signals or imagery products that are unprocessed or subject only to data preprocessing.
(14)
The term “United States Government and its affiliated users” means—