[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