[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1118 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1118
To establish the Open Access Evapotranspiration (OpenET) Data Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Cortez Masto (for herself and Mr. Hickenlooper) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Open Access Evapotranspiration (OpenET) Data Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Access Evapotranspiration Data
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Evapotranspiration.--The term ``evapotranspiration'' or
``ET'' means the process by which water is transferred from the
land to the atmosphere by--
(A) evaporation from soil and other surfaces; and
(B) transpiration from plants.
(2) Program.--The term ``Program'' means the Open Access
Evapotranspiration (OpenET) Data Program established under
section 4(a).
(3) Program partner.--The term ``Program partner'' means--
(A) an institution of higher education;
(B) a State (including a State agency);
(C) an Indian Tribe as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304);
(D) a private sector entity;
(E) a nongovernmental organization; or
(F) any other entity determined to be appropriate
by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
SEC. 3. FINDINGS.
Congress finds that--
(1) evapotranspiration is the second largest component of
the water budget, which is an accounting of the allocation of
water resources to various water uses;
(2) evapotranspiration is a measure of the water that is
consumed and lost from a water system, removed from available
supplies, and unavailable for other uses within a watershed;
(3) accurate information on evapotranspiration is required
to balance water supply and water demand in a watershed and
ensure that adequate water supplies for beneficial uses are
available over time;
(4) water users and managers are impeded in more efficient
decision making by--
(A) the lack of consistent and comprehensive water
use data; and
(B) the fact that access to existing data is often
limited and cost-prohibitive; and
(5) evapotranspiration data may be applied for the purposes
of--
(A) assisting users and decisionmakers to better
manage resources and protect financial viability of
farm operations during drought;
(B) developing more accurate water budgets and
innovative management programs to better promote
conservation and sustainability efforts; and
(C) employing greater groundwater management
practices and understanding impacts of consumptive
water use.
SEC. 4. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) DATA PROGRAM.
(a) Establishment.--The Secretary shall establish a program to be
known as the ``Open Access Evapotranspiration (OpenET) Data Program''
under which the Secretary shall provide for the delivery of satellite-
based evapotranspiration data, as available, supported by other ET
methods--
(1) to advance the quantification of evaporation and
consumptive water use; and
(2) to provide data users with estimates of
evapotranspiration data across large landscapes over certain
periods of time, with a priority for Landsat scale (30-100m)
when available.
(b) Purpose.--The purpose of the Program is to support the
operational distribution of satellite-based evapotranspiration data
generated under the Program to sustain and enhance water resources in
the United States.
(c) Duties.--In carrying out the Program, the Secretary shall--
(1) evaluate, use, and modify sources of satellite-based
evapotranspiration data, supported by other ET methods, based
on best available science and technologies; and
(2) coordinate and consult with--
(A) the heads of other relevant Federal agencies,
including--
(i) the Commissioner of Reclamation;
(ii) the Administrator of the National
Aeronautics and Space Administration;
(iii) the Administrator of the National
Oceanic and Atmospheric Administration;
(iv) the Administrator of the Agricultural
Research Service; and
(v) the Chief of the Natural Resources
Conservation Service; and
(B) Program partners.
(d) Components.--In carrying out the Program, the Secretary shall,
in coordination with other relevant agencies, carry out activities to
develop, maintain, establish, expand, or advance delivery of satellite-
based evapotranspiration data, supported by other ET methods, to
advance the quantification of evaporation and consumptive water use,
with an emphasis on carrying out activities that--
(1) support the development and maintenance of
evapotranspiration data and software systems and associated
research and development in a manner that ensures that Program
data are reflective of the best available science, including by
providing support to Program partners, or coordinating
activities with other programs within the Department of the
Interior, that have developed and are maintaining
evapotranspiration software systems and datasets;
(2) demonstrate or test new and existing evapotranspiration
measurement technology;
(3) improve evapotranspiration measurement science and
technology; and
(4) develop or refine the application of satellite-based
evapotranspiration data available to Federal agencies, States,
and Indian Tribes, including programs within both the Water
Resources and Core Science Systems divisions of the United
States Geological Survey. These may include--
(A) the Water Availability and Use Science Program,
the National Water Census, and Integrated Water
Availability Assessments; and
(B) the National Land Imaging Program, the Land
Change Science Program, and the Science Analytics and
Synthesis Program.
(e) Water Use and Availability of Program Data.--The Secretary--
(1) shall incorporate, to the maximum extent practicable,
program information and data for purposes of determining
consumptive water use on irrigated or other vegetated
landscapes for use by water resource management agencies;
(2) may continue to coordinate data analyses, use, and
collection efforts with other Federal agencies, States, and
Tribal governments through existing coordinating organizations,
such as--
(A) the Western States Water Council; and
(B) the Western States Federal Agency Support Team;
and
(3) may provide information collected and analyzed under
the Program to Program partners through appropriate mechanisms,
including through agreements with Federal agencies, States
(including State agencies), or Indian Tribes, leases,
contracts, cooperative agreements, grants, loans, and memoranda
of understanding.
(f) Cooperative Agreements.--The Secretary shall--
(1) enter into cooperative agreements with Program partners
to provide for the efficient and cost-effective administration
of the Program, including through cost sharing or by providing
additional in-kind resources necessary to carry out the
Program; and
(2) provide nonreimbursable matching funding, as
permissible, for programmatic and operational activities under
this section, in consultation with Program partners.
(g) Environmental Laws.--Nothing in this Act modifies any
obligation of the Secretary to comply with applicable Federal and State
environmental laws in carrying out this Act.
SEC. 5. REPORT.
Not later than 5 years after the date of the enactment of this Act,
the Secretary shall submit to the Committees on Energy and Natural
Resources, Agriculture, Nutrition, and Forestry, and Appropriations of
the Senate and the Committees on Natural Resources, Agriculture, and
Appropriations of the House of Representatives a report that includes--
(1) a status update on the operational incorporation of
Program data into modeling, water planning, and reporting
efforts of relevant Federal agencies; and
(2) a list of Federal agencies and Program partners that
are applying Program data to beneficial use, including a
description of examples of beneficial uses.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $23,000,000 for each of fiscal years 2024 through 2028, to
remain available until expended.
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