[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2568 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2568

 To establish the Open Access Evapotranspiration (OpenET) Data Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2021

 Ms. Cortez Masto 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'' 
        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) a private sector entity;
                    (D) a nongovernmental organization; or
                    (E) 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 
        decisionmaking 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 an Open Access 
Evapotranspiration (OpenET) Data Program under which the Secretary 
shall provide for the delivery of satellite-based evapotranspiration 
data--
            (1) to advance the quantification of evaporation and 
        consumptive water use; and
            (2) to provide data users with field-scale estimates of 
        evapotranspiration data across large landscapes over certain 
        periods of time.
    (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 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 
carry out activities that would develop, maintain, establish, expand, 
or advance delivery of satellite-based evapotranspiration data to 
advance the quantification of evaporation and consumptive water use, 
with an emphasis on carrying out activities that would--
            (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 the integration of program data 
        into--
                    (A) the Water Availability and Use Science Program, 
                the National Water Census, and Integrated Water 
                Availability Assessments by the United States 
                Geological Survey; and
                    (B) activities under the WaterSMART program 
                authorized by subtitle F of title IX of the Omnibus 
                Public Land Management Act of 2009 (42 U.S.C. 10361 et 
                seq.).
    (e) 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 in water allocation decisions, water budget 
        accounting, and water use reporting;
            (2) shall 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 interagency 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 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 4 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) a status update on the operational incorporation of 
        program data into modeling, water planning, and reporting 
        efforts of relevant Federal agencies, including the Water 
        Availability and Use Science Program of the United States 
        Geological Survey and the WaterSMART program authorized by 
        subtitle F of title IX of the Omnibus Public Land Management 
        Act of 2009 (42 U.S.C. 10361 et seq.); 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 $14,000,000 for each of fiscal years 2022 through 2026, to 
remain available until expended.
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