1. 23 June 2011Edward Johnson1 NWS Directive 1-12 Managing the Acquisition of Environmental Data from External Parties NOAA Science Advisory Board’s Data Archive and Access Requirements Working Group Edward Johnson National Weather Service June 23, 2011

2. 23 June 2011Edward Johnson2 Outline Background Definitions Overview of NWSPD 1-12 Overview NWSI 1-1201 Discussion

3. Edward Johnson3 Background National Weather Service (NWS) has published two policies of interest (see http://www.nws.noaa.gov/directives/) http://www.nws.noaa.gov/directives/ –Directive 1-12, “Managing the Acquisition of Environmental Data From External Parties” –Instruction 1-1201, “Obtaining Environmental Data from External Parties” Apply only to NWS, not other NOAA LOs 23 June 2011

4. Edward Johnson4 Definitions Acquisition - Used in a general sense to encompass both contract acquisition under Federal Acquisition Regulations and any other method used by NWS to acquire environmental information. Environmental Data - Includes observations, analyses, and predictions, on all time scales and for all times, of the atmosphere, ocean, land, space, and sun whether biological, chemical, electromagnetic, physical, or social; as well as associated metadata providing information about the means of estimation of the environmental information itself. Redistribution of Data - The distribution of any NWS product from which the original data can be readily extracted. 23 June 2011

5. Edward Johnson5 Definitions Data Acquisition Officer - NWS officials who commit NWS to the terms of data agreements used to obtain environmental data from non-federal sources by exercising authorities established in NWS Directive 1-12. Data Agreement – Any form of agreement used by NWS to obtain environmental data from non-federal sources, whether or not NWS provides remuneration to the source, including contracts, Memoranda of Understanding/Agreement, grants, cooperative agreements, licenses, terms of use associated with open source data from internet web sites or other sources, and others. 23 June 2011

6. Edward Johnson6 NWSPD 1-12 Managing the Acquisition of Environmental Data from External Parties NWSPD 1-12 establishes the following authorities: 3.1 Corporate Board members… will have the authority to commit NWS to the terms of data agreements used to obtain environmental data from non-federal sources… –3.1.1 The authority to commit NWS to the terms of a data agreement may not be redelegated for data agreements that include restrictions on redistribution. –3.1.2 The authority to commit NWS to the terms of a data agreement may be redelegated to persons under their authority for data agreements that do not include restrictions on redistribution. The Director of Strategic Planning and Policy will serve as a focal point for issues regarding data rights and other terms and conditions of use in the development of any data agreements. The Chief Information Officer will establish procedures to maintain a record of all NWS data agreements promulgated after the effective date of this policy directive 23 June 2011

7. Edward Johnson7 NWSI 1-1201 Obtaining Environmental Data from External Parties Guides NWS through obtaining environmental data from external parties. Describes various terms which data providers might seek as a condition of providing data to NWS; helping Data Acquisition Officers (DAOs) evaluate which of these terms might be applicable/acceptable; and providing specific language to implement such terms within a contract, MOU/MOA, or licensing agreement (“data agreement.”) Leads the DAO through various steps in analyzing their particular data agreement. Appendices provide additional background materials including examples of data agreements that NWS has signed, and a data rights worksheet to assist DAOs in determining which data clauses are necessary to include in any data agreement. 23 June 2011

8. Edward Johnson8 NWSI 1-1201 Obtaining Environmental Data from External Parties Redistribution Category 1.Unrestricted –No Restrictions - preferred 2.Temporarily Restricted –Allows redistribution of archived data 3.Restricted –Redistribution allowed only if exemptions apply 23 June 2011

9. Edward Johnson9 NWSI 1-1201 Obtaining Environmental Data from External Parties Redistribution Exemptions 1.No restrictions on derivative products – Mandatory 2.When required by law -- Mandatory 3.With express written permission -- Strongly recommended 4.Incidental (allows occasional citations in NWS products) -- Recommended 5.Emergency (general) (allows redistribution in emergencies such as toxic spills) – Recommended 6.Federal Agency Redistribution -- Recommended (at least throughout NOAA) 7.Redistribution for Non-Commercial Use -- Avoid if it requires NWS to accept responsibility to determine whether any use is “non- commercial.” Use “with express permission” instead. 8.Long-term expiration of restrictions (causes all restrictions on redistribution to expire after 10 or more years) -- Recommended 23 June 2011

10. Edward Johnson10 NWSI 1-1201 Obtaining Environmental Data from External Parties Other Clauses 1.Non-Endorsement -- Mandatory 2.Attribution of NWS use by provider -- Acceptable if it is “just the facts” and is not required within body of NWS products 3.Indemnification -- Avoid since typical commercial indemnification clauses not legal for US Government – use alternative if needed. 4.Non-exclusivity -- Mandatory 5.Non-monetary compensation -- Only in response to external party request 23 June 2011

11. Edward Johnson11 NWSI 1-1201 Obtaining Environmental Data from External Parties Other Guidance 1.Establishing requirements for terms of use, e.g. when does NOAA require unlimited redistribution rights? 2.Establishing the true costs of externally obtained data, including Fees Administrative Costs Technology Costs Exposure to Risk Non-Monetary Costs 3.Determining the value of externally obtained data 23 June 2011

12. Questions? Edward Johnson1223 June 2011