Title 33Navigation and Navigable WatersRelease 119-73

§892b Quality assurance program

Title 33 › Chapter CHAPTER 17— - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION › Subchapter SUBCHAPTER IV— - NOAA HYDROGRAPHIC SERVICES › § 892b

Last updated Apr 6, 2026|Official source

Summary

Requires the Administrator to set up and run a quality-assurance program for non‑Federal hydrographic products within 2 years after December 19, 2002, if funding is available. The program must be open to all applicants and may certify products that meet the standards in section 892a(a)(3). The Administrator may allow use of the agency emblem or trademark on certified products and may charge a fee for certification or emblem use. Any fee cannot be more than the actual cost of testing, evaluation, and running the program. The United States is not responsible for negligence by a producer of a certified product. hydrographic product — a public or commercial product or service made by a non‑Federal party that includes or shows hydrographic data. A special Treasury account called the Hydrographic Services Account will hold the fees and other amounts provided by law and funds may be used by the Administrator for hydrographic services without further appropriation. After November 13, 1998, the Administrator may not create or raise fees for hydrographic services except as allowed by this section or section 1307 of title 44.

Full Legal Text

Title 33, §892b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)For purposes of this section, the term “hydrographic product” means any publicly or commercially available product or service produced or disseminated by a non-Federal entity that includes or displays hydrographic data.
(b)(1)The Administrator—
(A)by not later than 2 years after December 19, 2002, shall, subject to the availability of appropriations, develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title;
(B)may authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and
(C)may charge a fee for such certification and use.
(2)Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 892a(a)(3) of this title, including the cost of administering such a program.
(c)The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section.
(d)(1)There is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”.
(2)The account shall consist of—
(A)amounts received by the United States as fees charged under subsection (b)(1)(C); and
(B)such other amounts as may be provided by law.
(3)Amounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services.
(e)After November 13, 1998, the Administrator may not—
(1)establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or
(2)increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263 substituted “product or service produced or disseminated” for “product produced”. 2002—Subsec. (b)(1). Pub. L. 107–372 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Administrator may— “(A) develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title; “(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and “(C) charge a fee for such certification and use.”

Reference

Citations & Metadata

Citation

33 U.S.C. § 892b

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73