[House Report 111-309]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-309
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NATIONAL LAND REMOTE SENSING OUTREACH ACT
_______
October 21, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2489]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2489) to authorize a comprehensive national
cooperative geospatial imagery mapping program through the
United States Geological Survey, to promote use of the program
for education, workforce training and development, and applied
research, and to support Federal, State, tribal, and local
government programs, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Land Remote Sensing Outreach
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Program.--The term ``Program'' means the National Land
Remote Sensing Outreach Program established in section 3.
(2) Educational institution.--The term ``educational
institution'' means any public or private elementary or
secondary school, or any institution of vocational,
professional, or higher education (including a junior college
or teachers' college).
(3) Geospatial imagery.--The term ``geospatial imagery''--
(A) means satellite land remote sensing image data
registered to map or other spatial coordinates derived
from features on the ground; and
(B) includes a wide range of graphical products that
convey information about natural phenomena and human
activities occurring on Earth's surface.
(4) Image data.--The term ``image data'' means the raw,
unprocessed form of data captured from a sensing instrument.
(5) Land remote sensing.--The term ``land remote sensing''
means image data of land, coastal areas, or islands and reefs
acquired from above the surface of the Earth by instruments on
satellite platforms.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
and
(G) the United States Virgin Islands.
(8) Indian tribe.--The term ``Indian tribe'' has the same
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
SEC. 3. NATIONAL LAND REMOTE SENSING OUTREACH PROGRAM.
(a) In General.--The Secretary shall establish and maintain a
national land remote sensing outreach program within the U.S.
Geological Survey to advance the availability, timely distribution, and
widespread use of geospatial imagery for education, research,
assessment, and monitoring purposes in each State and the lands of an
Indian tribe.
(b) Purposes.--The purposes of the program are--
(1) to increase accessibility to, and expand the use of,
remote sensing data in a standard, easy-to-use format by
Federal, State, local, and tribal governments, communities,
educational institutions, and the commercial sector; and
(2) to assist each participating State and Indian tribe in
establishing the cooperative infrastructure necessary to
increase access to geospatial imagery for research and
educational purposes.
(c) Activities.--
(1) National land remote sensing outreach program.--The
Secretary shall--
(A) support geospatial imagery sharing, applied
research, and educational programs of each
participating State and Indian tribe;
(B) identify new geospatial imagery needs and
infrastructure;
(C) share and cooperate in the development of
geospatial imagery applications, education, and
training infrastructure in each participating State and
the lands of an Indian tribe;
(D) cooperate with participating States and Indian
tribes to encourage the expansion of geospatial imagery
mapping courses taught at appropriate educational
institutions;
(E) encourage expansion of geospatial imagery
research at appropriate educational institutions;
(F) encourage expansion of the knowledge and use of
geospatial imagery products in the workforce through
outreach programs, workshops, and other training
opportunities;
(G) encourage participating States and Indian tribes
to build partnerships with local governments to
identify unique research and development needs and
geospatial imagery application pilot programs;
(H) promote cooperation and sharing of expertise
regarding geospatial imagery applications among
participating States and Indian tribes; and
(I) provide a mechanism to enable the States and
Indian tribes to transfer geospatial imagery and
applications to the U.S. Geological Survey as
appropriate.
(2) Grants.--
(A) In general.--The Secretary is authorized to
provide grants to qualified educational institutions,
or to State, local, and tribal governments, or to
consortia of these entities, on a competitive basis
to--
(i) advance the interest of the Federal
Government in promoting the use of imagery by
educational institutions, States, localities,
and Indian tribes; and
(ii) achieve the purposes of the Program
described in section 3(b).
(B) Matching funds.--
(i) In general.--The Federal share of the
cost of each program for which a grant is made
under this Act may not exceed 75 percent of the
total cost of the program.
(ii) Non-federal contribution.--In providing
the non-Federal contribution required under
this paragraph, a grantee--
(I) shall provide for such share
through a payment in cash or in kind,
fairly evaluated, including facilities,
equipment, technology, or services; and
(II) may provide for such share
through State sources or local sources,
including private funds or donated
services.
(iii) Waiver.--The Secretary may waive the
requirements of subparagraph (B), in whole or
in part, with respect to any program if the
Secretary determines that the grantee has made
a good faith effort to obtain the non-Federal
contribution at the local level but is unable
to do so.
(3) Federal partner advisory committee.--
(A) In general.--The Secretary shall establish and
maintain a committee to advise the Director of the U.S.
Geological Survey regarding the Program.
(B) Membership and appointment.--The advisory
committee under subparagraph (A) shall be chaired by
the U.S. Geological Survey and composed of such
representatives of Federal and State agencies, tribal
governments, and educational institutions as the
Secretary may designate.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $10,000,000
to carry out this Act for each of fiscal years 2010 through 2019.
SEC. 5. SUNSET DATE.
This Act is repealed on the date that is 10 years after the date of
the enactment of this Act.
Amend the title so as to read:
A bill to authorize a national cooperative geospatial
imagery program through the United States Geological Survey to
promote use of remote sensing data.
PURPOSE OF THE BILL
The purpose of H.R. 2489, as ordered reported, is to
authorize a national cooperative geospatial imagery program
through the United States Geological Survey to promote use of
remote sensing data.
BACKGROUND AND NEED FOR LEGISLATION
Since 1998, the U.S. Geological Survey (USGS) has partnered
with a consortium of universities--first called Gateway to the
Earth, then incorporated as ``AmericaView''--to facilitate and
expand the use of data and imagery from U.S. earth observation
satellites for education, research, hazards monitoring, and
natural resource management. Through AmericaView, schools,
citizens, and public agencies have benefited from easier access
to USGS remote sensing data,\1\ training in the use of remote
sensing data to solve real-world problems, and workforce
development opportunities. Currently, AmericaView partner
programs exist in 36 states.
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\1\The U.S. Geological Survey's Land Remote Sensing Program
operates two remote sensing satellites (Landsat 5 and Landsat 7) and
houses the largest archive of remotely sensed land data in the world,
supplying continuous access to current and historical land images
worldwide.
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The USGS geospatial imagery outreach program has never been
formally authorized. However, the program was appropriated
approximately $3 million annually from fiscal year 1998-2006,
and approximately $1 million annually from fiscal year 2007-
2009. Program advocates have urged authorization to increase
the program's recognition, expand the program to additional
states and territories, provide impetus for increased funding,
and provide for Congressional direction and oversight.
COMMITTEE ACTION
H.R. 2489 was introduced on May 19, 2009 by Representative
Stephanie Herseth Sandlin (D-SD). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Energy and Mineral Resources. On July 23, 2009,
the Subcommittee held a legislative hearing on the bill.
On September 30, 2009 the Subcommittee was discharged from
further consideration of H.R. 2489 and the full Natural
Resources Committee met to consider the bill. Representative
Herseth Sandlin offered an amendment in the nature of a
substitute.
The substitute made several important changes and
clarifications to the bill as introduced in response to
comments from the Administration, witnesses, and advocacy
groups. At the Administration's suggestion, the substitute
replaced all references to ``AmericaView'' with a phrase
descriptive of the program: ``National Land Remote Sensing
Outreach.'' This is consistent with the current name of the
USGS program that sponsors research and education using remote
sensing data, and is intended to dispel any confusion related
to the nonprofit organization called ``AmericaView, Inc.''
which has been the grant contract recipient of the program.
Further, the substitute deleted any reference to
``mapping'' or setting ``standards'' for mapping to remove any
suggestion that the program would supersede, interfere, or
compete with USGS's mapping mission, other public or private
programs that supply aerial photography for mapping, or other
entities that develop national mapping standards, such as the
Federal Geographic Data Committee or the National Geospatial
Advisory Committee.
The amendment in the nature of a substitute also added an
annual appropriations cap of $10 million to the program, sunset
the program after 10 years, and set a 25% state and tribal
cost-sharing match, which could be provided through in-kind
contributions.
The amendment in the nature of a substitute was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section provides that this Act may be cited as the
``National Land Remote Sensing Outreach Act''.
Section 2. Definitions
This section defines key terms used in the legislation.
Section 3. National land remote sensing outreach program
This section establishes a national land remote sensing
outreach program within the U.S. Geological Survey to
facilitate the use of geospatial data for education, research,
assessment, and monitoring purposes in States and on lands of
Indian tribes. Program activities include supporting or
cooperating with states and Indian tribes to share geospatial
imagery; identifying new geospatial imagery needs and
infrastructure; encouraging expansion of geospatial imagery
mapping courses and research at educational institutions;
expanding workforce training programs that use geospatial
imagery; encouraging partnerships with local governments in the
use of remote sensing data; promoting the sharing of expertise
among participating entities; and enabling states and Indian
tribes to transfer geospatial imagery to the USGS.
This section also authorizes the Secretary to provide
grants on a competitive basis to qualified educational
institutions, government agencies, or consortia of these
entities, in support of up to 75% of the program's costs.
Grantee contributions of 25% of the program costs can be in
cash or in-kind. It is the Committee's intent that the
Department of the Interior allows a broad array of ``in-kind''
support to be used to meet the matching requirement.
Importantly, the Secretary also is given the discretion to
waive the matching requirements when grantees cannot obtain
adequate funds, so as not to make the new program requirement
too onerous to discourage program expansion to new state
partners or to undermine valuable current programs.
This section also establishes a committee, chaired by the
U.S. Geological Survey, to advise on the outreach program.
Section 4. Authorization of appropriations
This section authorizes $10 million to be appropriated per
year from fiscal years 2010-2019.
Section 5. Sunset date
This section repeals the Act after 10 years.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to authorize a
national cooperative geospatial imagery program through the
United States Geological Survey to promote use of remote
sensing data.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 2489--National Land Remote Sensing Outreach Act
Summary: H.R. 2489 would authorize the appropriation of $10
million a year through 2019 for a Department of the Interior
(DOI) grant program to support various activities related to
geospatial imagery mapping. Assuming appropriation of the
authorized amounts, CBO estimates that implementing the
legislation would cost $46 million over the 2010-2014 period
and $54 million after 2014. Enacting the legislation would not
affect revenues or direct spending.
H.R. 2489 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of H.R. 2489 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
--------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.......................................... 10 10 10 10 10 50
Estimated Outlays............................................ 7 9 10 10 10 46
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Basis of estimate: For this estimate, CBO assumes that HR.
2489 will be enacted early in fiscal year 2010 and that the
authorized amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
similar DOI programs.
H.R. 2489 would authorize the appropriation of $10 million
a year through 2019 for a DOI grant program to support various
activities related to geospatial imagery mapping. Under the
bill, DOI would provide grants to state-based consortia of
geospatial imagery users (known as StateView programs) for
education, workforce training, and research. In 2009, DOI
provided $1 million for grants to more than 35 existing
StateView programs to carry out activities similar to those
that would be supported by the new grant program. Based on
information from DOI, CBO expects that, over the next three
years, the number of StateView programs will expand to 53
(including one in the District of Columbia and two in U.S.
territories). Assuming appropriation of the authorized amounts,
CBO estimates that implementing the bill would cost $46 million
over the 2010-2014 period and $54 million after 2014.
Intergovernmental and private-sector impact: H.R. 2489
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On August 27, 2009, CBO transmitted
a cost estimate for S. 1078, the AmericaView Geospatial Imagery
Mapping Program Act, as ordered reported by the Senate
Committee on Commerce, Science, and Transportation on August 5,
2009. The two versions of the legislation are similar but
include different authorization levels. CBO estimates
implementing the Senate bill would cost $148 million over the
2010-2014 period.
Estimate prepared by: Federal Costs: Jeff LaFave, Impact on
State, Local, and Tribal Governments: Melissa Merrell, Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 2489 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.