[House Report 118-566]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     118-566

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



 
    WATER MONITORING AND TRACKING ESSENTIAL RESOURCES (WATER) DATA 
                            IMPROVEMENT ACT

                                _______
                                

 June 27, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 5770]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5770) to reauthorize certain United States 
Geological Survey water data enhancement programs, 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 ``Water Monitoring and Tracking 
Essential Resources (WATER) Data Improvement Act''.

SEC. 2. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL SURVEY.

  Section 9507 of the Omnibus Public Land Management Act of 2009 (42 
U.S.C. 10367) is amended--
          (1) in subsection (a)--
                  (A) by striking the heading and inserting ``Federal 
                Priority Streamgage Program'';
                  (B) in paragraph (1), by striking ``national 
                streamflow information program, as reviewed by the 
                National Research Council in 2004'' and inserting 
                ``Federal priority streamgage program'';
                  (C) in paragraph (2), by striking ``national 
                streamflow information program'' each place it appears 
                and inserting ``Federal priority streamgage program'';
                  (D) in paragraph (4)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``2009'' and 
                                inserting ``2023''; and
                                  (II) in clause (ii), by inserting 
                                ``precipitation'' before ``water-
                                quality sensors''; and
                          (ii) in subparagraph (B), by striking 
                        ``National Streamflow Information Program as 
                        reviewed by the National Research Council.'' 
                        and inserting ``Federal needs established 
                        through regular solicitation of feedback, such 
                        as that documented in the report titled `Re-
                        prioritization of the U.S. Geological Survey 
                        Federal Priority streamgage program, 2022' 
                        (Open-file Report 2023-1032).'';
                  (E) in paragraph (5), by striking ``national 
                streamgaging network'' each place it appears and 
                inserting ``Federal priority streamgage network''; and
                  (F) in paragraph (6)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``national streamflow 
                                information program'' and inserting 
                                ``Federal priority streamgage 
                                program''; and
                                  (II) by striking ``2023'' and 
                                inserting ``2028''; and
                          (ii) in subparagraph (B), by striking 
                        ``2019'' and inserting ``2028'';
          (2) in subsection (b)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (B), by inserting ``and 
                        Tribes'' after ``agencies'' and
                          (ii) in subparagraph (C)--
                                  (I) by inserting ``or Tribal lands'' 
                                after ``within a State''; and
                                  (II) by inserting ``or Tribe'' after 
                                ``water resource agency'';
                  (B) in paragraph (6), by inserting ``, a Tribe'' 
                after ``a State''; and
                  (C) in paragraph (7)--
                          (i) by striking ``such sums as are 
                        necessary'' and inserting ``$4,000,000 per 
                        fiscal year''; and
                          (ii) by striking ``2009 through 2023'' and 
                        inserting ``2023 through 2028'';
          (3) by striking subsection (c);
          (4) by redesignating subsection (d) as subsection (c); and
          (5) in subsection (c)(4) (as so redesignated by this 
        subsection), by striking ``2019'' and inserting ``2028''.

                       Purpose of the Legislation

    The purpose of H.R. 5770 is to reauthorize certain United 
States Geological Survey water data enhancement programs.

                  Background and Need for Legislation

    The water division under the U.S. Geological Survey (USGS) 
is charged with monitoring, assessing, conducting targeted 
research, and delivering information on water resources and 
conditions. As amended, H.R. 5770 reauthorizes the Federal 
Priority Streamgage (FPS) Program, the National Groundwater 
Resources Monitoring Program, and the Next Generation Water 
Observing System administered by the USGS through FY 2028 at 
existing funding levels.
    The Federal Priority Streamgage (FPS) Program administers 
monitoring stations that track the amount of water in streams 
and rivers across the country. As of 2021, the USGS operated 
approximately 3,640 streamgages that were identified as meeting 
one or more federal priorities and responsibilities, which 
include:
           Forecasting floods, droughts, and other 
        streamflow;
           Supporting water-quality assessments of 
        major rivers and estuaries;
           Supporting interstate and international 
        compacts, court decrees, treaties, and other border 
        water agreements; and
           Tracking streamflow in major rivers and 
        contributions from key basins to the next downstream 
        basin, estuary, ocean, or the Great Lakes.\1\
---------------------------------------------------------------------------
    \1\``Federal Priority Streamgages.'' U.S. Geological Survey. 
Federal Priority Streamgages (FPS)  U.S. Geological Survey 
(usgs.gov).
---------------------------------------------------------------------------
    According to USGS, the priority streamgages work in concert 
with ``the larger USGS streamgaging network of 11,531 sites 
nationwide with over 1,800 Federal, State, tribal, and local 
agencies or organizations.''\2\
---------------------------------------------------------------------------
    \2\Id.
---------------------------------------------------------------------------
    The National Groundwater Resources Monitoring Program 
administers a network of 17,665 water-level wells and 4,068 
water-quality wells.\3\ These wells provide data to the public 
on the health of groundwater supply and quality in different 
geographic areas that can be used for planning, managing, and 
developing groundwater supply needs.\4\ This information is 
available to the public via the National Groundwater Monitoring 
Network Data Portal.
---------------------------------------------------------------------------
    \3\``National Ground-Water Monitoring Network.'' U.S. Geological 
Survey. National Ground-Water Monitoring Network (usgs.gov).
    \4\Id.
---------------------------------------------------------------------------
    The bill was amended to incorporate edits suggested by 
USGS. These changes include adding Tribes as one of the 
entities with which the USGS can coordinate and partner. In 
addition, the bill was amended to add ``precipitation'' to the 
types of sensors that can be included at FPS sites. This was 
identified as the highest need from a 2022 Federal users 
survey. At the recommendation of USGS, the language authorizing 
a brackish groundwater assessment is removed as the assessment 
was completed in 2017 with the publication of the report titled 
Brackish Groundwater in the United States. Lastly, the 
authorization of appropriations for the National Groundwater 
Resources Monitoring Program is amended to remove the ``such 
sums'' authorization and reflect the current funding level of 
$4 million per fiscal year.

                            Committee Action

    H.R. 5770 was introduced on September 27, 2023, by Rep. Joe 
Neguse (D-CO). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On November 14, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On January 17, 2024, the Committee on Natural 
Resources met to consider the bill. The Subcommittee on Water, 
Wildlife and Fisheries was discharged from further 
consideration of H.R. 5770 by unanimous consent. Representative 
Joe Neguse (D-CO) offered an Amendment in the Nature of a 
Substitute designated Neguse_213. The Amendment in the Nature 
of a Substitute was adopted by unanimous consent. The bill, as 
amended, was ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on November 14, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    This Act may be cited as the ``Water Data Improvement 
Act''.

Section 2. Water data enhancement by United States Geological Survey

    Reauthorizes the Federal Priority Streamgage (FPS) Program, 
the National Groundwater Resources Monitoring Program, and the 
Next Generation Water Observing System administered by the USGS 
through FY 2028 at existing funding levels. Removes the 
brackish groundwater assessment authority.

            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. 
Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause 3(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but no received from the Director of the Congressional Budget 
Office a budgetary analysis and a cost estimate of this bill.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize certain United States 
Geological Survey water data enhancement programs.

                           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

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee, if such 
estimate is not publicly available on the Congressional Budget 
Office website.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of 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 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  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):

               OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009



           *       *       *       *       *       *       *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

           *       *       *       *       *       *       *


Subtitle F--Secure Water

           *       *       *       *       *       *       *


SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL SURVEY.

  (a)  [National Streamflow Information Program.--] Federal 
Priority Streamgage Program._
          (1) In general.--The Secretary, in consultation with 
        the Advisory Committee and the Panel and consistent 
        with this section, shall proceed with implementation of 
        the [national streamflow information program, as 
        reviewed by the National Research Council in 2004] 
        Federal priority streamgage program.
          (2) Requirements.--In conducting the [national 
        streamflow information program] Federal priority 
        streamgage program, the Secretary shall--
                  (A) measure streamflow and related 
                environmental variables in nationally 
                significant watersheds--
                          (i) in a reliable and continuous 
                        manner; and
                          (ii) to develop a comprehensive 
                        source of information on which public 
                        and private decisions relating to the 
                        management of water resources may be 
                        based;
                  (B) provide for a better understanding of 
                hydrologic extremes (including floods and 
                droughts) through the conduct of intensive data 
                collection activities during and following 
                hydrologic extremes;
                  (C) establish a base network that provides 
                resources that are necessary for--
                          (i) the monitoring of long-term 
                        changes in streamflow; and
                          (ii) the conduct of assessments to 
                        determine the extent to which each 
                        long-term change monitored under clause 
                        (i) is related to global climate 
                        change;
                  (D) integrate the [national streamflow 
                information program] Federal priority 
                streamgage program with data collection 
                activities of Federal agencies and appropriate 
                State water resource agencies (including the 
                National Integrated Drought Information 
                System)--
                          (i) to enhance the comprehensive 
                        understanding of water availability;
                          (ii) to improve flood-hazard 
                        assessments;
                          (iii) to identify any data gap with 
                        respect to water resources; and
                          (iv) to improve hydrologic 
                        forecasting; and
                  (E) incorporate principles of adaptive 
                management in the conduct of periodic reviews 
                of information collected under the [national 
                streamflow information program] Federal 
                priority streamgage program to assess whether 
                the objectives of the [national streamflow 
                information program] Federal priority 
                streamgage program are being adequately 
                addressed.
          (3) Improved methodologies.--The Secretary shall--
                  (A) improve methodologies relating to the 
                analysis and delivery of data; and
                  (B) investigate, develop, and implement new 
                methodologies and technologies to estimate or 
                measure streamflow in a more cost-efficient 
                manner.
          (4) Network enhancement.--
                  (A) In general.--Not later than 10 years 
                after the date of enactment of this Act, in 
                accordance with subparagraph (B), the Secretary 
                shall--
                          (i) increase the number of 
                        streamgages funded by the national 
                        streamflow information program to a 
                        quantity of not less than 4,700 sites; 
                        and
                          (ii) ensure all streamgages are 
                        flood-hardened and equipped with 
                        precipitation water-quality sensors and 
                        modernized telemetry.
                  (B) Requirements of sites.--Each site 
                described in subparagraph (A) shall conform 
                with the [National Streamflow Information 
                Program plan as reviewed by the National 
                Research Council.] Federal needs established 
                through regular solicitation of feedback, such 
                as that documented in the report titled ``Re-
                prioritization of the U.S. Geological Survey 
                Federal Priority streamgage program, 2022'' 
                (Open-file Report 2023-1032).
          (5) Federal share.--The Federal share of the 
        [national streamgaging network] Federal priority 
        streamgage network established pursuant to this 
        subsection shall be 100 percent of the cost of carrying 
        out the [national streamgaging network] Federal 
        priority streamgage network.
          (6) Authorization of Appropriations.--
                  (A) In general.--Except as provided in 
                subparagraph (B), there are authorized to be 
                appropriated such sums as are necessary to 
                operate the [national streamflow information 
                program] Federal priority streamgage program 
                for the period of fiscal years 2009 through 
                [2023] 2028, to remain available until 
                expended.
                  (B) Network enhancement funding.--There is 
                authorized to be appropriated to carry out the 
                network enhancements described in paragraph (4) 
                $10,000,000 for each of fiscal years 2009 
                through [2019] 2028, to remain available until 
                expended.
  (b) National Groundwater Resources Monitoring.--
          (1) In general.--The Secretary shall develop a 
        systematic groundwater monitoring program for each 
        major aquifer system located in the United States.
          (2) Program Elements.--In developing the monitoring 
        program described in paragraph (1), the Secretary 
        shall--
                  (A) establish appropriate criteria for 
                monitoring wells to ensure the acquisition of 
                long-term, high-quality data sets, including, 
                to the maximum extent possible, the inclusion 
                of real-time instrumentation and reporting;
                  (B) in coordination with the Advisory 
                Committee and State and local water resource 
                agencies and Tribes--
                          (i) assess the current scope of 
                        groundwater monitoring based on the 
                        access availability and capability of 
                        each monitoring well in existence as of 
                        the date of enactment of this Act; and
                          (ii) develop and carry out a 
                        monitoring plan that maximizes coverage 
                        for each major aquifer system that is 
                        located in the United States; and
                  (C) prior to initiating any specific 
                monitoring activities within a State or Tribal 
                lands after the date of enactment of this Act, 
                consult and coordinate with the applicable 
                State water resource agency or Tribe with 
                jurisdiction over the aquifer that is the 
                subject of the monitoring activities, and 
                comply with all applicable laws (including 
                regulations) of the State.
          (3) Program objectives.--In carrying out the 
        monitoring program described in paragraph (1), the 
        Secretary shall--
                  (A) provide data that is necessary for the 
                improvement of understanding with respect to 
                surface water and groundwater interactions;
                  (B) by expanding the network of monitoring 
                wells to reach each climate division, support 
                the groundwater climate response network to 
                improve the understanding of the effects of 
                global climate change on groundwater recharge 
                and availability; and
                  (C) support the objectives of the assessment 
                program.
          (4) Improved methodologies.--The Secretary shall--
                  (A) improve methodologies relating to the 
                analysis and delivery of data; and
                  (B) investigate, develop, and implement new 
                methodologies and technologies to estimate or 
                measure groundwater recharge, discharge, and 
                storage in a more cost-efficient manner.
          (5) Federal share.--The Federal share of the 
        monitoring program described in paragraph (1) may be 
        100 percent of the cost of carrying out the monitoring 
        program.
          (6) Priority.--In selecting monitoring activities 
        consistent with the monitoring program described in 
        paragraph (1), the Secretary shall give priority to 
        those activities for which a State, a Tribe or local 
        governmental entity agrees to provide for a substantial 
        share of the cost of establishing or operating a 
        monitoring well or other measuring device to carry out 
        a monitoring activity.
          (7) Authorization of Appropriations.--There are 
        authorized to be appropriated [such sums as are 
        necessary] $4,000,000 per fiscal year to carry out this 
        subsection for the period of fiscal years [2009 through 
        2023] 2023 through 2028, to remain available until 
        expended.
  [(c) Brackish Groundwater Assessment.--
          [(1) Study.--The Secretary, in consultation with 
        State and local water resource agencies, shall conduct 
        a study of available data and other relevant 
        information--
                  [(A) to identify significant brackish 
                groundwater resources located in the United 
                States; and
                  [(B) to consolidate any available data 
                relating to each groundwater resource 
                identified under subparagraph (A).
          [(2) Report.--Not later than 2 years after the date 
        of enactment of this Act, the Secretary shall submit to 
        the appropriate committees of Congress a report that 
        includes--
                  [(A) a description of each--
                          [(i) significant brackish aquifer 
                        that is located in the United States 
                        (including 1 or more maps of each 
                        significant brackish aquifer that is 
                        located in the United States);
                          [(ii) data gap that is required to be 
                        addressed to fully characterize each 
                        brackish aquifer described in clause 
                        (i); and
                          [(iii) current use of brackish 
                        groundwater that is supplied by each 
                        brackish aquifer described in clause 
                        (i); and
                  [(B) a summary of the information available 
                as of the date of enactment of this Act with 
                respect to each brackish aquifer described in 
                subparagraph (A)(i) (including the known level 
                of total dissolved solids in each brackish 
                aquifer).
          [(3) Authorization of Appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $3,000,000 for the period of fiscal years 
        2009 through 2011, to remain available until expended.]
  [(d)] (c) Improved Water Estimation, Measurement, and 
Monitoring Technologies.--
          (1) Authority of secretary.--The Secretary may 
        provide grants on a nonreimbursable basis to 
        appropriate entities with expertise in water resource 
        data acquisition and reporting, including Federal 
        agencies, the Water Resources Research Institutes and 
        other academic institutions, and private entities, to--
                  (A) investigate, develop, and implement new 
                methodologies and technologies to estimate or 
                measure water resources data in a cost-
                efficient manner; and
                  (B) improve methodologies relating to the 
                analysis and delivery of data.
          (2) Priority.--In providing grants to appropriate 
        entities under paragraph (1), the Secretary shall give 
        priority to appropriate entities that propose the 
        development of new methods and technologies for--
                  (A) predicting and measuring streamflows;
                  (B) estimating changes in the storage of 
                groundwater;
                  (C) improving data standards and methods of 
                analysis (including the validation of data 
                entered into geographic information system 
                databases);
                  (D) measuring precipitation and potential 
                evapotranspiration; and
                  (E) water withdrawals, return flows, and 
                consumptive use.
          (3) Partnerships.--In recognition of the value of 
        collaboration to foster innovation and enhance research 
        and development efforts, the Secretary shall encourage 
        partnerships, including public-private partnerships, 
        between and among Federal agencies, academic 
        institutions, and private entities to promote the 
        objectives described in paragraph (1).
          (4) Authorization of Appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $5,000,000 for each of fiscal years 2009 
        through [2019] 2028.

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