[House Report 116-669]
[From the U.S. Government Publishing Office]


116th Congress    }                                  {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {        116-669

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



 
                     DATA PRESERVATION ACT OF 2020

                                _______
                                

 December 18, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4299]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4299) to reauthorize through 2024 the National 
Geological and Geophysical Data Preservation Program Act of 
2005, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Data Preservation Act of 2020''.

SEC. 2. REAUTHORIZATION OF NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA 
                    PRESERVATION PROGRAM ACT OF 2005.

  Subsection (k) of the National Geological and Geophysical Data 
Preservation Program Act of 2005 (42 U.S.C. 15908(k)) is amended by 
striking ``2006 through 2010'' and inserting ``2020 through 2024''.

                          Purpose of the Bill

    The purpose of H.R. 4299 is to reauthorize through 2024 the 
National Geological and Geophysical Data Preservation Program 
Act of 2005.

                  Background and Need for Legislation

    The Data Preservation Act reauthorizes the National 
Geological and Geophysical Data Preservation Program (NGGDPP) 
through 2024. The NGGDPP was first authorized by the Energy 
Policy Act of 2005 but expired in 2016.
    Administered by the U.S. Geological Survey, the NGGDPP 
promotes the preservation and accessibility of geoscientific 
data, information, and samples by providing financial and 
technical support to state geological surveys and agencies 
within DOI. The Program's National Digital Catalog provides 
public access to collections of documents, datasets, 
photographs, samples, and other geologic materials available 
for research. The preservation of geoscience data provides 
information crucial to the future of scientific research, 
decision-making on energy and mineral resource extraction, 
management of natural resources, improving our understanding of 
natural hazards, and pollution clean-up.

                            Committee Action

    H.R. 4299 was introduced on September 12, 2019, by 
Representative Nydia M. Velazquez (D-NY). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Energy and Mineral Resources. 
On September 19, 2019, the Subcommittee held a hearing on the 
bill. On July 29, 2020, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment 
designated Grijalva #1. The amendment was agreed to by 
unanimous consent. No additional amendments were offered, and 
the bill, as amended, was adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 4299: hearing by the Subcommittee on Energy and 
Mineral Resources held on September 19, 2019.

            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.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 30, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4299, the Data 
Preservation Act of 2020.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

	    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 4299 would authorize the appropriation of $30 million 
annually over the 2020-2024 period for the United States 
Geological Survey to implement the National Geological and 
Geospatial Data Preservation Program. In 2020, $2 million was 
allocated to that program.
    For this estimate, CBO assumes that H.R. 4299 will be 
enacted near the start of fiscal year 2021. Using historical 
spending patterns for the program, CBO estimates implementing 
H.R. 4299 would cost $115 million over the 2021-2025 period and 
$3 million after 2025. The costs of the legislation, detailed 
in Table 1, fall within budget function 300 (natural resources 
and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4299
----------------------------------------------------------------------------------------------------------------
                                                                        By fiscal year, millions of dollars--
                                                                   ---------------------------------------------
                                                                     2021   2022   2023   2024   2025  2021-2025
----------------------------------------------------------------------------------------------------------------
Authorizationa....................................................     28     30     30     30      0       118
Estimated Outlays.................................................     22     27     30     30      6       115
----------------------------------------------------------------------------------------------------------------
aH.R. 4299 would authorize the appropriation of $30 million annually through 2024 for the United States
  Geological Survey (USGS) to implement the National Geological and Geospatial Data Preservation Program. In
  2020, USGS allocated $2 million for those purposes. Because CBO estimates the budgetary effects under
  continuing resolutions on an annualized basis, in 2021 CBO assumes that the same amount will be available
  under the current continuing resolution (Public Law 116-159). As a result, CBO estimates that the bill would
  authorize an increase in spending subject to appropriation in 2021 of $28 million, the difference between the
  authorized amount and the annualized amount provided under the continuing resolution.

    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to reauthorize through 2024 the 
National Geological and Geophysical Data Preservation Program 
Act of 2005.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The National Geological and 
Geophysical Data Preservation (CFDA No. 15.814) reauthorized by 
this bill is not identified in the most recent Catalog of 
Federal Domestic Assistance published pursuant to 31 U.S.C. 
Sec. 6104 as related to any other program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION PROGRAM ACT OF 
                                  2005




           *       *       *       *       *       *       *
TITLE III--OIL AND GAS

           *       *       *       *       *       *       *


Subtitle E--Production Incentives

           *       *       *       *       *       *       *


SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.

  (a) Short Title.--This section may be cited as the ``National 
Geological and Geophysical Data Preservation Program Act of 
2005''.
  (b) Program.--The Secretary shall carry out a National 
Geological and Geophysical Data Preservation Program in 
accordance with this section--
          (1) to archive geologic, geophysical, and engineering 
        data, maps, well logs, and samples;
          (2) to provide a national catalog of such archival 
        material; and
          (3) to provide technical and financial assistance 
        related to the archival material.
  (c) Plan.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to Congress a plan for 
the implementation of the Program.
  (d) Data Archive System.--
          (1) Establishment.--The Secretary shall establish, as 
        a component of the Program, a data archive system to 
        provide for the storage, preservation, and archiving of 
        subsurface, surface, geological, geophysical, and 
        engineering data and samples. The Secretary, in 
        consultation with the Advisory Committee, shall develop 
        guidelines relating to the data archive system, 
        including the types of data and samples to be 
        preserved.
          (2) System components.--The system shall be comprised 
        of State agencies that elect to be part of the system 
        and agencies within the Department of the Interior that 
        maintain geological and geophysical data and samples 
        that are designated by the Secretary in accordance with 
        this subsection. The Program shall provide for the 
        storage of data and samples through data repositories 
        operated by such agencies.
          (3) Limitation of designation.--The Secretary may not 
        designate a State agency as a component of the data 
        archive system unless that agency is the agency that 
        acts as the geological survey in the State.
          (4) Data from federal land.--The data archive system 
        shall provide for the archiving of relevant subsurface 
        data and samples obtained from Federal land--
                  (A) in the most appropriate repository 
                designated under paragraph (2), with preference 
                being given to archiving data in the State in 
                which the data were collected; and
                  (B) consistent with all applicable law and 
                requirements relating to confidentiality and 
                proprietary data.
  (e) National Catalog.--
          (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall 
        develop and maintain, as a component of the Program, a 
        national catalog that identifies--
                  (A) data and samples available in the data 
                archive system established under subsection 
                (d);
                  (B) the repository for particular material in 
                the system; and
                  (C) the means of accessing the material.
          (2) Availability.--The Secretary shall make the 
        national catalog accessible to the public on the site 
        of the Survey on the Internet, consistent with all 
        applicable requirements related to confidentiality and 
        proprietary data.
  (f) Advisory Committee.--
          (1) In general.--The Advisory Committee shall advise 
        the Secretary on planning and implementation of the 
        Program.
          (2) New duties.--In addition to its duties under the 
        National Geologic Mapping Act of 1992 (43 U.S.C. 31a et 
        seq.), the Advisory Committee shall perform the 
        following duties:
                  (A) Advise the Secretary on developing 
                guidelines and procedures for providing 
                assistance for facilities under subsection 
                (g)(1).
                  (B) Review and critique the draft 
                implementation plan prepared by the Secretary 
                under subsection (c).
                  (C) Identify useful studies of data archived 
                under the Program that will advance 
                understanding of the Nation's energy and 
                mineral resources, geologic hazards, and 
                engineering geology.
                  (D) Review the progress of the Program in 
                archiving significant data and preventing the 
                loss of such data, and the scientific progress 
                of the studies funded under the Program.
                  (E) Include in the annual report to the 
                Secretary required under section 5(b)(3) of the 
                National Geologic Mapping Act of 1992 (43 
                U.S.C. 31d(b)(3)) an evaluation of the progress 
                of the Program toward fulfilling the purposes 
                of the Program under subsection (b).
  (g) Financial Assistance.--
          (1) Archive facilities.--Subject to the availability 
        of appropriations, the Secretary shall provide 
        financial assistance to a State agency that is 
        designated under subsection (d)(2) for providing 
        facilities to archive energy material.
          (2) Studies.--Subject to the availability of 
        appropriations, the Secretary shall provide financial 
        assistance to any State agency designated under 
        subsection (d)(2) for studies and technical assistance 
        activities that enhance understanding, interpretation, 
        and use of materials archived in the data archive 
        system established under subsection (d).
          (3) Federal share.--The Federal share of the cost of 
        an activity carried out with assistance under this 
        subsection shall be not more than 50 percent of the 
        total cost of the activity.
          (4) Private contributions.--The Secretary shall apply 
        to the non-Federal share of the cost of an activity 
        carried out with assistance under this subsection the 
        value of private contributions of property and services 
        used for that activity.
  (h) Report.--The Secretary shall include in each report under 
section 8 of the National Geologic Mapping Act of 1992 (43 
U.S.C. 31g)--
          (1) a description of the status of the Program;
          (2) an evaluation of the progress achieved in 
        developing the Program during the period covered by the 
        report; and
          (3) any recommendations for legislative or other 
        action the Secretary considers necessary and 
        appropriate to fulfill the purposes of the Program 
        under subsection (b).
  (i) Maintenance of State Effort.--It is the intent of 
Congress that the States not use this section as an opportunity 
to reduce State resources applied to the activities that are 
the subject of the Program.
  (j) Definitions.--In this section:
          (1) Advisory committee.--The term ``Advisory 
        Committee'' means the advisory committee established 
        under section 5 of the National Geologic Mapping Act of 
        1992 (43 U.S.C. 31d).
          (2) Program.--The term ``Program'' means the National 
        Geological and Geophysical Data Preservation Program 
        carried out under this section.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director 
        of the United States Geological Survey.
          (4) Survey.--The term ``Survey'' means the United 
        States Geological Survey.
  (k) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $30,000,000 for each 
of fiscal years [2006 through 2010] 2020 through 2024.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]