[House Report 111-309]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-309

======================================================================



 
               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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2010    2011    2012    2013    2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level..........................................      10      10      10      10      10        50
Estimated Outlays............................................       7       9      10      10      10        46
----------------------------------------------------------------------------------------------------------------

    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.

                                  
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