[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1118 Reported in Senate (RS)]
<DOC>
Calendar No. 355
118th CONGRESS
2d Session
S. 1118
[Report No. 118-164]
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
April 9, 2024
Reported by Mr. Manchin, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Open Access
Evapotranspiration Data Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Evapotranspiration.--The term
``evapotranspiration'' or ``ET'' means the process by which
water is transferred from the land to the atmosphere by--
</DELETED>
<DELETED> (A) evaporation from soil and other
surfaces; and</DELETED>
<DELETED> (B) transpiration from plants.</DELETED>
<DELETED> (2) Program.--The term ``Program'' means the Open
Access Evapotranspiration (OpenET) Data Program established
under section 4(a).</DELETED>
<DELETED> (3) Program partner.--The term ``Program partner''
means--</DELETED>
<DELETED> (A) an institution of higher
education;</DELETED>
<DELETED> (B) a State (including a State
agency);</DELETED>
<DELETED> (C) an Indian Tribe as defined in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304);</DELETED>
<DELETED> (D) a private sector entity;</DELETED>
<DELETED> (E) a nongovernmental organization;
or</DELETED>
<DELETED> (F) any other entity determined to be
appropriate by the Secretary.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director of the
United States Geological Survey.</DELETED>
<DELETED>SEC. 3. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) water users and managers are impeded in more
efficient decision making by--</DELETED>
<DELETED> (A) the lack of consistent and
comprehensive water use data; and</DELETED>
<DELETED> (B) the fact that access to existing data
is often limited and cost-prohibitive; and</DELETED>
<DELETED> (5) evapotranspiration data may be applied for the
purposes of--</DELETED>
<DELETED> (A) assisting users and decisionmakers to
better manage resources and protect financial viability
of farm operations during drought;</DELETED>
<DELETED> (B) developing more accurate water budgets
and innovative management programs to better promote
conservation and sustainability efforts; and</DELETED>
<DELETED> (C) employing greater groundwater
management practices and understanding impacts of
consumptive water use.</DELETED>
<DELETED>SEC. 4. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) DATA
PROGRAM.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) to advance the quantification of evaporation
and consumptive water use; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Duties.--In carrying out the Program, the Secretary
shall--</DELETED>
<DELETED> (1) evaluate, use, and modify sources of
satellite-based evapotranspiration data, supported by other ET
methods, based on best available science and technologies;
and</DELETED>
<DELETED> (2) coordinate and consult with--</DELETED>
<DELETED> (A) the heads of other relevant Federal
agencies, including--</DELETED>
<DELETED> (i) the Commissioner of
Reclamation;</DELETED>
<DELETED> (ii) the Administrator of the
National Aeronautics and Space
Administration;</DELETED>
<DELETED> (iii) the Administrator of the
National Oceanic and Atmospheric
Administration;</DELETED>
<DELETED> (iv) the Administrator of the
Agricultural Research Service; and</DELETED>
<DELETED> (v) the Chief of the Natural
Resources Conservation Service; and</DELETED>
<DELETED> (B) Program partners.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) demonstrate or test new and existing
evapotranspiration measurement technology;</DELETED>
<DELETED> (3) improve evapotranspiration measurement science
and technology; and</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) the Water Availability and Use Science
Program, the National Water Census, and Integrated
Water Availability Assessments; and</DELETED>
<DELETED> (B) the National Land Imaging Program, the
Land Change Science Program, and the Science Analytics
and Synthesis Program.</DELETED>
<DELETED> (e) Water Use and Availability of Program Data.--The
Secretary--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the Western States Water Council;
and</DELETED>
<DELETED> (B) the Western States Federal Agency
Support Team; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Cooperative Agreements.--The Secretary shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) provide nonreimbursable matching funding, as
permissible, for programmatic and operational activities under
this section, in consultation with Program partners.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. REPORT.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) a status update on the operational
incorporation of Program data into modeling, water planning,
and reporting efforts of relevant Federal agencies;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Evapotranspiration Data Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Evapotranspiration; et.--The terms
``evapotranspiration'' and ``ET'' mean 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) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Non-federal entity.--The term ``non-Federal entity''
means--
(A) an institution of higher education;
(B) a State (including a State agency);
(C) an Indian Tribe;
(D) a private sector entity;
(E) a nongovernmental organization; or
(F) an irrigation district, water district,
groundwater sustainability agency, or other
organization with water or power delivery authority.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
SEC. 3. EVAPOTRANSPIRATION DATA.
(a) In General.--The Secretary may--
(1) evaluate, analyze, test, refine, and improve ET data
and models, based on the best available science and technology,
including satellite-based ET data with Landsat scale (30-100m)
and ground-based ET measurement technologies, across public
land (including State forests and units of the National Forest
System), rangeland, agricultural land, and large urban and
other vegetated landscapes;
(2) provide and maintain estimates of ET data across large
landscapes over certain periods of time;
(3) use ET data to advance the quantification of
evaporation and consumptive water use on public land (including
State forests and units of the National Forest System),
rangeland, agricultural land, and large urban and other
vegetated landscapes; and
(4) support the development and maintenance of ET data,
models, software systems, and associated research and
development, in consultation with other programs within the
Department of the Interior that have developed and are
maintaining ET software systems and datasets.
(b) Requirements and Coordination.--In carrying out subsection (a),
the Secretary--
(1) shall incorporate scientific peer review, as
appropriate and to the maximum extent practicable;
(2) shall collaborate and consult with scientists and
experts, including individuals working for commercial
enterprises, on using models or an ensemble of models, based on
the best available science and technology, to provide ET data;
(3) may develop and carry out public education programs
aimed at helping non-Federal entities, water managers, media
outlets, agricultural producers, and other relevant
stakeholders understand appropriate interpretations and uses of
ET data;
(4) shall 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;
(B) non-Federal entities; and
(C) relevant stakeholders;
(5) may coordinate ET data analyses, use, and collection
efforts with other Federal agencies, States, Indian Tribes,
non-Federal entities, and other relevant stakeholders through
existing coordinating organizations, such as--
(A) the Western States Water Council; and
(B) the Western States Federal Agency Support Team;
(6) shall provide a disclaimer relating to the publication
of ET data, in consultation with the applicable State from
which the data is being published; and
(7) shall adhere to scientific integrity policies relating
to the publication of ET data.
(c) Cooperative Agreements.--In carrying out subsection (a), the
Secretary may enter into cooperative agreements with non-Federal
entities to provide for improved technical approaches to carry out
activities under that subsection or additional in-kind resources.
(d) Advisory Committee.--
(1) In general.--In carrying out subsection (a), the
Secretary shall establish an advisory committee, to be known as
the ``Advisory Committee on ET Data'' (referred to in this
subsection as the ``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be composed
of not fewer than 11 members, to be appointed by the Secretary,
who shall be representatives of--
(A) States, including State agencies;
(B) Indian Tribes;
(C) irrigation districts, water districts,
groundwater sustainability agencies, or other
organizations with water or power delivery authority;
(D) farmers or ranchers;
(E) nongovernmental organizations;
(F) research institutions and institutions of
higher education that are qualified to provide advice
regarding ET measurement and science; and
(G) private sector entities that are qualified to
provide advice regarding ET measurement and science.
(3) Responsibilities.--
(A) In general.--The Advisory Committee shall
provide recommendations to the Secretary for the
implementation of the activities authorized under
subsection (a), including recommendations regarding--
(i) ET research;
(ii) scientific progress of ET measurement
and science;
(iii) ET data use and application,
including restrictions and qualifications on
use of data;
(iv) public education programs aimed at
helping relevant stakeholders understand the
appropriate interpretations and uses of ET
data;
(v) scientific overviews of ET data used or
published by Federal agencies for regulation or
water resources planning and management;
(vi) data privacy measures and procedures
beyond the minimum required by this Act;
(vii) reducing the competitiveness of
commercial services offering ET data, analyses,
or other products or impacts to the viability
of the commercial services; and
(viii) such other topics as the Advisory
Committee determines appropriate.
(B) Consideration.--The Secretary shall take into
consideration any recommendation of the Advisory
Committee provided under subparagraph (A).
(e) 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.
(f) Application; Effect of Act; Privacy.--
(1) Application.--ET 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; and
(B) developing more accurate water budgets and
innovative management programs to better promote
conservation and sustainability efforts.
(2) Federal or state water rights.--Nothing in this Act
creates, impairs, alters, or supersedes a Federal or State
water right.
(3) Privacy.--In carrying out subsection (a),the Secretary
shall, to the maximum extent practicable, aggregate or de-
identify ET data under this Act in a manner sufficient to
ensure that information on entities or personally identifiable
information is not disclosed.
(4) Authority.--Nothing in this Act provides new, or
expands any existing, authority to provide ET data, in
accordance with the matter under the heading ``GEOLOGICAL
SURVEY'' of the first section of the Act of March 3, 1879 (20
Stat. 394, chapter 182; 43 U.S.C. 31(a)).
SEC. 4. REPORT.
Not later than 2 years after the date of 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) an evaluation and analysis of the accuracy,
limitations, and trade-offs of new and existing ET measurement
science and technology and ET data;
(2) a summary of the uses or anticipated uses of ET data by
relevant Federal agencies and non-Federal entities;
(3) a status update on the operational incorporation of ET
data into modeling, water planning, and reporting efforts of
relevant Federal agencies;
(4) an evaluation of potential governance structures and
privacy protections that could be used to ensure the intended
and proper use of ET data;
(5) recommendations for using ET data for an improved,
larger-scale approach and application; and
(6) a description of--
(A) any non-Federal entities that provide ET data
or analysis; and
(B) any potential adverse impacts to the entities
described under subparagraph (A) relating to the
publication of ET data.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act, to remain available until expended--
(1) $5,000,000 for fiscal year 2024;
(2) $8,000,000 for fiscal year 2025;
(3) $11,000,000 for fiscal year 2026;
(4) $14,500,000 for fiscal year 2027; and
(5) $17,000,000 for fiscal year 2028.
Amend the title so as to read: ``A bill to require the
Secretary of the Interior to conduct certain activities
relating to evapotranspiration data.''.
Calendar No. 355
118th CONGRESS
2d Session
S. 1118
[Report No. 118-164]
_______________________________________________________________________
A BILL
To establish the Open Access Evapotranspiration (OpenET) Data Program.
_______________________________________________________________________
April 9, 2024
Reported with an amendment and an amendment to the title