Overview
Title
To establish the Open Access Evapotranspiration (OpenET) Data Program.
ELI5 AI
The bill wants to create a program that uses satellite data to help us understand how much water is going from the ground into the air through evaporation and plants, so we can take better care of our water. It plans to spend a big amount of money to make this happen, but some people worry there's not enough detail on how the money will be used and checked.
Summary AI
The bill S. 1118 seeks to establish the Open Access Evapotranspiration (OpenET) Data Program, which is designed to provide access to satellite-based evapotranspiration data. This data helps in measuring water transferred from land to the atmosphere through evaporation and plant transpiration, aiding in water management and conservation efforts. The bill outlines a framework for cooperation between federal agencies, states, and other entities to enhance the delivery and utilization of evapotranspiration data across the United States. Additionally, funding is proposed for the program through 2028 to support its implementation and resource sharing with various partners.
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AnalysisAI
The Open Access Evapotranspiration (OpenET) Data Program aims to establish a comprehensive system for collecting and disseminating evapotranspiration (ET) data. Evapotranspiration measures how water evaporates from soil and plants, a crucial component of understanding the water cycle. This data can help manage water resources, especially in areas prone to drought. The bill outlines plans to create an ET data program under the supervision of the Secretary of the Interior and sets aside significant funding over several years to support these initiatives.
Summary of Significant Issues
The bill presents several important issues:
Broad Definition of Program Partners: There is concern regarding the wide criteria for entities that can qualify as program partners, ranging from educational institutions to private companies. The lack of specific criteria might lead to uneven or unjustified spending and raises questions about oversight.
Discretionary Power of the Secretary: The Secretary of the Interior is granted significant authority without clear checks and balances, raising concerns over potential misuse of resources and favoritism.
Large Financial Appropriation: The bill authorizes a substantial annual budget without detailed accountability measures, which might result in ineffective spending and a lack of fiscal transparency.
Delayed Reporting Requirements: A report on the program's effectiveness is due five years after enactment, potentially stalling any urgent adjustments needed to address emerging challenges or issues in water management.
Lack of Oversight Mechanism: There is a noticeable absence of auditing or oversight mechanisms to ensure transparency, raising accountability concerns.
Vague Terminology: The use of nebulous terms such as "best available science" without clear definitions risks misinterpretation and potential legal and operational challenges.
Privacy Concerns: Given that data handling involves non-Federal entities, there is a risk of inadequate privacy and data protection measures, which could present ethical and legal challenges.
Coordination Among Agencies: The lack of articulated roles and responsibilities among the involved agencies and partners may lead to redundancies or conflicts, affecting program effectiveness.
Impact on the Public
Broadly, the bill targets better water management through improved data on water usage. Successful implementation could help farmers and water districts optimize irrigation, especially in drought-prone areas, leading to more sustainable agricultural practices and water conservation efforts. It may also aid policymakers in developing water management strategies based on reliable data, benefiting communities dependent on water resources.
Impact on Specific Stakeholders
For water-dependent industries and agriculture, access to accurate ET data can positively influence operational decisions and financial viability. Enhanced data tools could enable entities to better manage water resources and maintain productivity during challenging conditions, such as droughts.
On the other hand, private companies offering ET services might face competition from a federally funded program providing similar data. The broad definition of eligible program partners without stringent criteria could lead to competitive imbalances, affecting the private sector's market share and viability.
Publicly funded entities, such as research institutions, could benefit from the additional resources to advance their scientific endeavors. Meanwhile, stakeholders concerned with data privacy and ethical management may have reservations about transparency and data protection measures, impacting their willingness to engage fully with the program.
Overall, while the program has the potential to significantly enhance water resource management in the United States, careful attention to the outlined issues is crucial to ensure that its implementation is equitable, accountable, and effective.
Financial Assessment
The bill proposes the establishment of the Open Access Evapotranspiration (OpenET) Data Program and contains multiple provisions related to financial allocations. It authorizes significant spending meant to facilitate the implementation of this initiative.
Financial Appropriations
The legislation authorizes $23,000,000 annually for fiscal years 2024 through 2028 to support the development, maintenance, and distribution of satellite-based evapotranspiration data. Additionally, the bill presents an alternative annual funding schedule, allocating $5,000,000 for 2024, $8,000,000 for 2025, $11,000,000 for 2026, $14,500,000 for 2027, and $17,000,000 for 2028. This phased funding model allows for a gradual increase in financial resources, potentially aligning with the scaling needs of the program.
Concerns and Issues
Broad Authorization without Specific Accountability: The bill authorizes substantial financial resources without sufficiently detailed accountability measures. There is concern about the potential for wasteful spending due to the lack of specific performance metrics or clear definitions of how these funds should be utilized. Such ambiguities in financial management could lead to ineffective use of public funds.
Lack of Oversight: The absence of a defined oversight or audit mechanism in the bill raises issues about transparency and governance. Without established checks and balances, there's a risk of financial mismanagement and a lack of accountability in how the appropriations are administered.
Potential for Misuse: The bill affords significant discretionary power to the Secretary of the Interior, which could lead to the misuse of allocated funds. This discretionary power, coupled with broad criteria for program partners, may result in resources being directed to entities without sufficient justification or oversight.
Delayed Reporting and Evaluation: The report required five years post-enactment could delay the identification and rectification of financial inefficiencies or issues within the program. A more frequent evaluation could prompt timely adjustments to financial allocations and improve fiscal responsibility.
Conclusion
Overall, the bill outlines ambitious financial commitments to advance evapotranspiration data collection and utilization. While the proposed funding could foster significant advancements in water resource management and technology, the lack of specific accountability measures, oversight, and well-defined financial objectives exposes the initiative to the risk of inefficient spending and potential misuse of the allocated resources. To enhance the effectiveness of the program and assure taxpayers, specifying clearer financial goals and establishing robust governance mechanisms should be prioritized.
Issues
The broad definition of 'Program partner' in Section 2 could allow a wide range of entities to qualify, which might lead to unintended or unjustified spending due to lack of specific criteria or qualifications to determine eligibility.
The significant discretionary power granted to the Secretary in Sections 2 and 3 without clear checks and balances could lead to potential misuse of resources or biased decisions, raising ethical concerns.
The authorization of a large sum of $23,000,000 annually in Section 6 without specific purposes or accountability measures could lead to concerns about potential wasteful spending and lack of transparency in financial management.
The report required in Section 5, with a timeline of 'not later than 5 years after the date of the enactment of this Act', may delay addressing critical issues related to evapotranspiration data and its use, creating political and practical challenges.
The absence of a defined oversight or audit mechanism in Section 4 to ensure accountability in the administration and implementation of the Program may lead to issues of transparency and governance.
The use of vague terms such as 'best available science' and 'appropriate mechanisms' in Section 4 without clear definitions could result in misinterpretation or misuse of resources, which poses legal and operational risks.
The lack of specific performance metrics in Section 6 for the use of appropriated funds raises questions about the effective use of public funds and potential financial mismanagement.
The potential for privacy or data protection issues in Section 4, especially since the report involves data from non-Federal entities without specified safeguards, could raise ethical and legal concerns.
The need for more clarity in the coordination of roles and responsibilities among various agencies and partners in Section 4 is critical to prevent redundant efforts or conflicts that could impede program effectiveness.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
This section states that the official name of the law is the "Open Access Evapotranspiration Data Act."
2. Definitions Read Opens in new tab
Summary AI
The section defines key terms used in the Act, including "evapotranspiration," which is the process of water moving from land to the air through evaporation and plant transpiration, and "Program," which refers to the Open Access Evapotranspiration Data Program. It also defines "Program partner" as any qualified entities such as schools, states, Indian Tribes, private companies, or other organizations approved by the Secretary, who is identified as the Secretary of the Interior working with the U.S. Geological Survey.
3. Findings Read Opens in new tab
Summary AI
Congress has identified several findings regarding evapotranspiration, noting that it is a major component of the water budget and involves the loss of water from a system. They emphasize the importance of accurate evapotranspiration data for managing water supplies efficiently and highlight challenges like inconsistent data and high access costs. Moreover, they note that such data could aid in resource management, improve water conservation programs, and enhance groundwater management practices.
4. Open access evapotranspiration (openet) data program Read Opens in new tab
Summary AI
The Open Access Evapotranspiration (OpenET) Data Program aims to provide satellite-based data on water evaporation and use to help manage water resources. The program involves cooperating with other federal agencies and partners to improve data distribution, develop technology, and ensure data accuracy, while remaining compliant with environmental laws.
5. Report Read Opens in new tab
Summary AI
The Secretary is required to deliver a report within 5 years of the Act's passage to several Senate and House committees. This report must include a status update on how government agencies are using Program data in their work and a list of which agencies and partners are benefiting from this data, along with examples of such benefits.
6. Authorization of appropriations Read Opens in new tab
Summary AI
The bill permits up to $23 million to be allocated annually to the Secretary for fiscal years 2024 through 2028, with the funds remaining available until they are fully used.
Money References
- 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 Read Opens in new tab
Summary AI
The first section of the bill states that it can be called the "Evapotranspiration Data Act."
2. Definitions Read Opens in new tab
Summary AI
The section defines key terms used in the Act: "evapotranspiration" and "ET" refer to water transfer from land to atmosphere through evaporation and plant transpiration; "Indian Tribe" is defined according to a specific federal law; "non-Federal entity" includes various educational, governmental, and private organizations; and "Secretary" means the Secretary of the Interior via the U.S. Geological Survey Director.
3. Evapotranspiration data Read Opens in new tab
Summary AI
The section outlines the Secretary's responsibilities regarding evapotranspiration (ET) data, including evaluating and improving ET models, collaborating with other agencies and entities, and forming an advisory committee to provide recommendations. It ensures compliance with privacy and environmental laws, aims to enhance resource management, and clarifies that it does not alter existing water rights.
4. Report Read Opens in new tab
Summary AI
The Secretary is required to submit a report within two years of the law's enactment, evaluating the effectiveness and use of new and existing ET (Evapotranspiration) data and technology. The report should also provide updates on how this data is integrated into federal agency efforts, examine potential governance and privacy measures, and offer recommendations for broader use. Additionally, it should identify non-federal ET data providers and any negative impacts they might face from data publication.
5. Authorization of appropriations Read Opens in new tab
Summary AI
The section authorizes specific amounts of money to be set aside for the Secretary to use in carrying out the Act, with $5 million for 2024, $8 million for 2025, $11 million for 2026, $14.5 million for 2027, and $17 million for 2028. These funds will remain available until they are fully spent.
Money References
- 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.