II Calendar No. 355 118th CONGRESS 2d Session S. 1118 [Report No. 118–164] IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Cortez Masto (for herself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources April 9, 2024 Reported by Mr. Manchin , with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic A BILL To establish the Open Access Evapotranspiration (OpenET) Data Program.

1. Short title This Act may be cited as the Open Access Evapotranspiration Data Act . 2. Definitions In this Act: (1) Evapotranspiration The term evapotranspiration or ET means 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) Program The term Program means the Open Access Evapotranspiration (OpenET) Data Program established under section 4(a). (3) Program partner The term Program partner means— (A) an institution of higher education; (B) a State (including a State agency); (C) an Indian Tribe as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); (D) a private sector entity; (E) a nongovernmental organization; or (F) any other entity determined to be appropriate by the Secretary. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. 3. Findings Congress finds that— (1) evapotranspiration is the second largest component of the water budget, which is an accounting of the allocation of water resources to various water uses; (2) evapotranspiration is a measure of the water that is consumed and lost from a water system, removed from available supplies, and unavailable for other uses within a watershed; (3) accurate information on evapotranspiration is required to balance water supply and water demand in a watershed and ensure that adequate water supplies for beneficial uses are available over time; (4) water users and managers are impeded in more efficient decision making by— (A) the lack of consistent and comprehensive water use data; and (B) the fact that access to existing data is often limited and cost-prohibitive; and (5) evapotranspiration 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; (B) developing more accurate water budgets and innovative management programs to better promote conservation and sustainability efforts; and (C) employing greater groundwater management practices and understanding impacts of consumptive water use. 4. Open access evapotranspiration (openet) data program (a) Establishment The Secretary shall establish a program to be known as the Open Access Evapotranspiration (OpenET) Data Program under which the Secretary shall provide for the delivery of satellite-based evapotranspiration data, as available, supported by other ET methods— (1) to advance the quantification of evaporation and consumptive water use; and (2) to provide data users with estimates of evapotranspiration data across large landscapes over certain periods of time, with a priority for Landsat scale (30–100m) when available. (b) Purpose The purpose of the Program is to support the operational distribution of satellite-based evapotranspiration data generated under the Program to sustain and enhance water resources in the United States. (c) Duties In carrying out the Program, the Secretary shall— (1) evaluate, use, and modify sources of satellite-based evapotranspiration data, supported by other ET methods, based on best available science and technologies; and (2) 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; and (B) Program partners. (d) Components In carrying out the Program, the Secretary shall, in coordination with other relevant agencies, carry out activities to develop, maintain, establish, expand, or advance delivery of satellite-based evapotranspiration data, supported by other ET methods, to advance the quantification of evaporation and consumptive water use, with an emphasis on carrying out activities that— (1) support the development and maintenance of evapotranspiration data and software systems and associated research and development in a manner that ensures that Program data are reflective of the best available science, including by providing support to Program partners, or coordinating activities with other programs within the Department of the Interior, that have developed and are maintaining evapotranspiration software systems and datasets; (2) demonstrate or test new and existing evapotranspiration measurement technology; (3) improve evapotranspiration measurement science and technology; and (4) develop or refine the application of satellite-based evapotranspiration data available to Federal agencies, States, and Indian Tribes, including programs within both the Water Resources and Core Science Systems divisions of the United States Geological Survey. These may include— (A) the Water Availability and Use Science Program, the National Water Census, and Integrated Water Availability Assessments; and (B) the National Land Imaging Program, the Land Change Science Program, and the Science Analytics and Synthesis Program. (e) Water use and availability of program data The Secretary— (1) shall incorporate, to the maximum extent practicable, program information and data for purposes of determining consumptive water use on irrigated or other vegetated landscapes for use by water resource management agencies; (2) may continue to coordinate data analyses, use, and collection efforts with other Federal agencies, States, and Tribal governments through existing coordinating organizations, such as— (A) the Western States Water Council; and (B) the Western States Federal Agency Support Team; and (3) may provide information collected and analyzed under the Program to Program partners through appropriate mechanisms, including through agreements with Federal agencies, States (including State agencies), or Indian Tribes, leases, contracts, cooperative agreements, grants, loans, and memoranda of understanding. (f) Cooperative agreements The Secretary shall— (1) enter into cooperative agreements with Program partners to provide for the efficient and cost-effective administration of the Program, including through cost sharing or by providing additional in-kind resources necessary to carry out the Program; and (2) provide nonreimbursable matching funding, as permissible, for programmatic and operational activities under this section, in consultation with Program partners. (g) 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. 5. Report Not later than 5 years after the date of the 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) a status update on the operational incorporation of Program data into modeling, water planning, and reporting efforts of relevant Federal agencies; and (2) a list of Federal agencies and Program partners that are applying Program data to beneficial use, including a description of examples of beneficial uses. 6. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $23,000,000 for each of fiscal years 2024 through 2028, to remain available until expended.

1. Short title This Act may be cited as the Evapotranspiration Data Act . 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. 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) ). 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. 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.

Amend the title so as to read: A bill to require the Secretary of the Interior to conduct certain activities relating to evapotranspiration data. .

April 9, 2024 Reported with an amendment and an amendment to the title