[Senate Report 118-164]
[From the U.S. Government Publishing Office]
Calendar No. 355
118th Congress } { Report
SENATE
2d Session } { 118-164
======================================================================
EVAPOTRANSPIRATION DATA ACT
_______
April 9, 2024.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1118]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1118) to establish the Open Access
Evapotranspiration (OpenET) Data Program, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute and an amendment to the title and recommends
that the bill, as amended, do pass.
AMENDMENTS
The amendments are as follows:
1. Strike all after the enacting clause and insert the
following:
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.
2. Amend the title so as to read: ``A bill to require the
Secretary of the Interior to conduct certain activities
relating to evapotranspiration data.''.
PURPOSE
The purpose of S. 1118, as ordered reported, is to require
the Secretary of the Interior to conduct certain activities
relating to evapotranspiration data.
BACKGROUND AND NEED
The western United States is experiencing severe drought
conditions. In 2023, over 90 percent of the West has been
categorized as under some degree of drought. Given the scarcity
and limitations of water supplies across the West, experts have
argued about the importance to invest in improved data and
monitoring of water supplies and water use.
Current understanding of water use and water management is
primarily based on streamflow data or diversion data, such as
groundwater pumping. However, this data provides an incomplete
picture of water use and does not include how much water is
actually used by plants to grow and how much water is reusable.
Evapotranspiration (ET) often approximates consumptive water
use, since it refers to all the water within a system that is
consumed by plants or humans. More specifically ET is a
component of the water cycle that involves the process by which
water is transferred from the land to the atmosphere by
evaporation from soil and other surfaces and transpiration from
plants.
ET data are essential for helping communities manage their
water resources and better understand what strategies are
needed to balance water supply and water demand. For example,
monitoring crop water use by measuring ET can help determine
how much irrigation water to apply to fields, which in turn
helps better manage water resources at the farm and at a larger
scale. Access to ET data has been limited, inconsistent, and
expensive, which keeps this information out of the hands of
most water users, farmers, and decision-makers, and hinders
opportunities for improved water management.
Legislation is needed to provide direction to federal
agencies to collaborate with non-Federal entities to provide
publicly available satellite-based ET information at the field
scale. This data can be applied to water conservation programs,
data-driven groundwater management practices, and enhanced
management of agricultural water resources.
LEGISLATIVE HISTORY
S. 1118 was introduced by Senators Cortez Masto and
Hickenlooper on March 30, 2023. The Subcommittee on Water and
Power held a hearing on S. 1118 on July 19, 2023. Senators
Cortez Masto and Hickenlooper introduced similar legislation,
S. 2568, during the 117th Congress on July 29, 2021. The
Subcommittee on Public Lands, Forests, and Mining held a
hearing on S. 2568 on June 7, 2022, but no additional
legislative action was taken.
Companion legislation, H.R. 2429, was introduced in the
House of Representatives the same day by Representative Susie
Lee. Representative Lee introduced similar legislation, H.R.
4832, on July 29, 2021, during the 117th Congress. The
Subcommittee on Water, Oceans, and Wildlife of the House
Committee on Natural Resources held a hearing on H.R. 4832, on
November 4, 2021.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on December 14, 2023, by a voice vote of
a quorum present, recommends that the Senate pass S. 1118, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1118, the Committee adopted
an amendment in the nature of a substitute and an amendment to
the title. The substitute directs the U.S. Geological Survey
(USGS) to evaluate, refine and provide evapotranspiration data
to ensure water managers and users have access to the best
available science and technology. It includes provisions
related to privacy, scientific integrity and application of the
evapotranspiration data, requires the USGS to provide a report
to Congress of the integration of evapotranspiration data and
authorizes a total of $90 million over five years to implement
this authority.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 establishes the short title of the Act as
``Evapotranspiration Data Act.''
Section 2. Definitions
Section 2 provides key definitions in the bill.
Section 3. Evapotranspiration data
Paragraph (a) directs the Secretary of the Interior, acting
through the Director of the U.S. Geological Survey (USGS), to
evaluate, refine and provide evapotranspiration data to ensure
water managers and users have access to the best available
science and technology.
Paragraph (b) requires the Secretary to incorporate
scientific peer review, coordinate and consult with relevant
Federal agencies and non-Federal entities, and adhere to
scientific integrity policies related to publication of the
data.
Paragraph (c) authorizes the Secretary to enter into
cooperative agreements to carry out the relevant activities
authorized under the Act.
Paragraph (d) establishes an advisory committee on
evapotranspiration data to provide recommendations to the
Secretary to implement the activities authorized under the Act.
Paragraph (e) requires the Secretary to comply with
applicable Federal and state environmental laws.
Paragraph (f) includes provisions related to the
application of the data, federal and state water rights,
privacy and existing authorities.
Section 4. Report
Section 4 requires the Secretary to provide a report to
Congress of the integration of evapotranspiration data and
activities authorized under the Act.
Section 5. Authorization of appropriations
Section 5 authorizes a total of $90 million from fiscal
year 2024 to fiscal year 2028 to implement the activities
authorized under the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1118 would authorize the appropriation of specific
amounts each year from 2024 through 2028, totaling $56 million,
for the U.S. Geological Survey (USGS) to improve research and
data collection on evapotranspiration. (Evapotranspiration is
the process by which water moves into the atmosphere by
evaporation from land and by transpiration from plants.) The
USGS uses evapotranspiration data from large landscapes to
inform its estimates of water availability and consumption. The
bill also would require the USGS to establish an advisory
committee on evapotranspiration data and report to the Congress
within two years of enactment on the accuracy, limitations, and
uses of the data.
Using information on historical spending patterns for
similar activities, CBO estimates that implementing S. 1118
would cost $50 million over the 2024-2028 period and $5 million
after 2028, assuming appropriation of the authorized amounts.
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 S. 1118
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-----------------------------------------------------------------------------------------------------
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2024-2028 2024-2033
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Authorization..................................... 5 8 11 15 17 0 0 0 0 0 56 56
Estimated Outlays................................. 4 7 10 13 16 4 1 0 0 0 50 55
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The CBO staff contact for this estimate is Emma Uebelhor.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1118.
The bill is not a regulatory measure in the sense of
imposing government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1118, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1118, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the United States Geological
Survey at the Subcommittee on Water and Power on July 19, 2023,
on S. 1118 follows:
Chair Wyden and Ranking Member Risch, thank you for the
opportunity to provide this statement on S. 1118, the Open
Access Evapotranspiration Data Act.
Water supplies are under stress from both use and climate
change. The U.S. Geological Survey (USGS) plays a critical role
in improving the understanding of water availability across the
United States. The USGS uses the latest science to estimate the
Nation's water budget and makes that information available in a
useful way to water managers, policymakers, and the public.
Through Integrated Water Availability Assessments, the USGS is
improving how water availability is understood, reported, and
predicted. Evapotranspiration (ET), which measures a
consumptive use of water that is no longer available for other
uses within a watershed, is a crucial component necessary to
understand the water budget. Better information on ET will
improve water budget estimates and will also advance irrigation
planning and management, inform negotiations for water rights
settlements, including Indian water rights settlements, and
support conservation and sustainability efforts by improving
our long-term planning for and management of water resources to
benefit both people and the environment.
S. 1118 would require the Secretary of the Interior to
establish an Open ET Data Program to sustain and enhance water
resources using satellite-based estimates of ET. The program
would support technology and application development, integrate
with relevant USGS programs, and coordinate with other Federal
agencies and appropriate external stakeholders. In particular,
the program would coordinate data analysis, use, and collection
with the Western States Water Council and the Western States
Federal Agency Support Team. The USGS is actively engaged with
partners who have developed a prototype open ET data system and
is working collaboratively with partners to improve that
system.
Sec. 4 of the bill states that the program would be
intended to sustain and enhance the water resources of the
United States. However, given the differences in the
availability and usefulness of ET data across regions of the
Nation, we would like to work with the Subcommittee to consider
language that would authorize the USGS to develop the program
in two phases, first in the West and then in the East.
Additionally, Sec. 4(d) references ``. . . programs within both
the Water Resources and Core Science Systems divisions of the
United States Geological Survey.'' We recommend that these
references to the Mission Areas and programs within the USGS,
rather than the agency as a whole, be stricken to avoid
confusion. Lastly, Sec. 4(f) authorizes the Secretary to use
cooperative agreements to provide for the administration of the
program. We recommend changing the word ``administration'' to
``implementation'' to ensure that oversight of the program
remains solely a responsibility of the Federal Government and
not a cooperating partner.
We appreciate that Sec. 5 authorizes a report after 5
years, which we feel would provide sufficient time to develop
and report on the program. Furthermore, based on a preliminary
assessment, we believe that the amount authorized in Sec. 6
would be sufficient to develop the program as contemplated in
the bill.
The Department of the Interior supports continuing research
to improve reporting ET nationally. We would like to work with
the Subcommittee to address the issues identified in this
statement.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.
[all]