§ 10367. Water data enhancement by United States Geological Survey

Footnotes

1. 1 So in original. Probably should be “Re-Prioritization of the U.S. Geological Survey Federal Priority Streamgage Network, 2022”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 title IX § 9507 · 123 Stat. 991

   Enacted · 42 U.S.C. § 10367

   Pub. L. 111–11, title IX, § 9507, Mar. 30, 2009, 123 Stat. 1339

   Source evidence

   Code source credit
   Pub. L. 111–11, title IX, § 9507, Mar. 30, 2009, 123 Stat. 1339

   Enacted provision · exact public law section
   SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL SURVEY. (a) National Streamflow Information 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. (2) Requirements.— In conducting the national streamflow information 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 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 to assess whether the objectives of the national streamflow information 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 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. (5) Federal share.— The Federal share of the national streamgaging network established pursuant to this subsection shall be 100 percent of the cost of carrying out the national streamgaging 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 for the period of fiscal years 2009 through 2023, 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, 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— (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 after the date of enactment of this Act, consult and coordinate with the applicable State water resource agency 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 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 to carry out this subsection for the period of fiscal years 2009 through 2023, 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) 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.

2. 2024

   Pub. L. 118–174 § 2(1)(A) · 138 Stat. 2602

   Substituted · 42 U.S.C. § 10367(a)

   Pub. L. 118–174, § 2(1)(A), substituted “Federal priority streamgage program” for “National streamflow information program” in heading

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–174, § 2(1)(A), substituted “Federal priority streamgage program” for “National streamflow information program” in heading.

3. 2024

   Pub. L. 118–174 § 2(1)(B) · 138 Stat. 2602

   Substituted · 42 U.S.C. § 10367(a)(1)

   Pub. L. 118–174, § 2(1)(B), substituted “Federal priority streamgage program” for “national streamflow information program, as reviewed by the National Research Council in 2004”

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 118–174, § 2(1)(B), substituted “Federal priority streamgage program” for “national streamflow information program, as reviewed by the National Research Council in 2004”.

4. 2024

   Pub. L. 118–174 § 2(1)(C) · 138 Stat. 2602

   Substituted · 42 U.S.C. § 10367(a)(2)

   Pub. L. 118–174, § 2(1)(C), substituted “Federal priority streamgage program” for “national streamflow information program” wherever appearing

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 118–174, § 2(1)(C), substituted “Federal priority streamgage program” for “national streamflow information program” wherever appearing.

5. 2024

   Pub. L. 118–174 § 2(1)(D)(i)(I) · 138 Stat. 2602

   Substituted · 42 U.S.C. § 10367(a)(4)(A)

   Pub. L. 118–174, § 2(1)(D)(i)(I), substituted “2023” for “2009” in introductory provisions

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A). Pub. L. 118–174, § 2(1)(D)(i)(I), substituted “2023” for “2009” in introductory provisions.

6. 2024

   Pub. L. 118–174 § 2(1)(D)(i)(II) · 138 Stat. 2602

   Inserted · 42 U.S.C. § 10367(a)(4)(A)(ii)

   Pub. L. 118–174, § 2(1)(D)(i)(II), inserted “precipitation” before “water-quality sensors”

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A)(ii). Pub. L. 118–174, § 2(1)(D)(i)(II), inserted “precipitation” before “water-quality sensors”.

7. 2024

   Pub. L. 118–174 § 2(1)(D)(ii) · 138 Stat. 2602

   Substituted · 42 U.S.C. § 10367(a)(4)(B)

   Pub. L. 118–174, § 2(1)(D)(ii), which directed the substitution of “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).” for “National Streamflow Information Program as reviewed by the National Research Council.” was executed by making the substitution for “National Streamflow Information Program plan as reviewed by the National Research Council.”, to reflect the probable intent of Congress

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(4)(B). Pub. L. 118–174, § 2(1)(D)(ii), which directed the substitution of “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).” for “National Streamflow Information Program as reviewed by the National Research Council.” was executed by making the substitution for “National Streamflow Information Program plan as reviewed by the National Research Council.”, to reflect the probable intent of Congress.

8. 2024

   Pub. L. 118–174 § 2(1)(E) · 138 Stat. 2602

   Substituted · 42 U.S.C. § 10367(a)(5)

   Pub. L. 118–174, § 2(1)(E), substituted “Federal priority streamgage network” for “national streamgaging network” in two places

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 118–174, § 2(1)(E), substituted “Federal priority streamgage network” for “national streamgaging network” in two places.

9. 2024

   Pub. L. 118–174 § 2(1)(F)(i) · 138 Stat. 2602

   1. Substituted · 42 U.S.C. § 10367(a)(6)(A)

      Pub. L. 118–174, § 2(1)(F)(i), substituted “Federal priority streamgage program” for “national streamflow information program”

   2. Substituted · 42 U.S.C. § 10367(a)(6)(A)

      Pub. L. 118–174, § 2(1)(F)(i), substituted “2028” for “2023”

   Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(6)(A). Pub. L. 118–174, § 2(1)(F)(i), substituted “Federal priority streamgage program” for “national streamflow information program” and “2028” for “2023”.

10. 2024

    Pub. L. 118–174 § 2(1)(F)(ii) · 138 Stat. 2602

    Substituted · 42 U.S.C. § 10367(a)(6)(B)

    Pub. L. 118–174, § 2(1)(F)(ii), substituted “2028” for “2019”

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(6)(B). Pub. L. 118–174, § 2(1)(F)(ii), substituted “2028” for “2019”.

11. 2024

    Pub. L. 118–174 § 2(2)(A)(i) · 138 Stat. 2602

    Inserted · 42 U.S.C. § 10367(b)(2)(B)

    Pub. L. 118–174, § 2(2)(A)(i), inserted “and Tribes” after “agencies” in introductory provisions

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 118–174, § 2(2)(A)(i), inserted “and Tribes” after “agencies” in introductory provisions.

12. 2024

    Pub. L. 118–174 § 2(2)(A)(ii) · 138 Stat. 2602

    Inserted · 42 U.S.C. § 10367(b)(2)(C)

    Pub. L. 118–174, § 2(2)(A)(ii), inserted “or Tribal lands” after “within a State” and “or Tribe” after “water resource agency”

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 118–174, § 2(2)(A)(ii), inserted “or Tribal lands” after “within a State” and “or Tribe” after “water resource agency”.

13. 2024

    Pub. L. 118–174 § 2(2)(B) · 138 Stat. 2602

    Inserted · 42 U.S.C. § 10367(b)(6)

    Pub. L. 118–174, § 2(2)(B), inserted “, a Tribe” after “a State”

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 118–174, § 2(2)(B), inserted “, a Tribe” after “a State”.

14. 2024

    Pub. L. 118–174 § 2(2)(C) · 138 Stat. 2602

    1. Substituted · 42 U.S.C. § 10367(b)(7)

       Pub. L. 118–174, § 2(2)(C), substituted “$4,000,000 per fiscal year” for “such sums as are necessary”

    2. Substituted · 42 U.S.C. § 10367(b)(7)

       Pub. L. 118–174, § 2(2)(C), substituted “2023 through 2028” for “2009 through 2023”

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 118–174, § 2(2)(C), substituted “$4,000,000 per fiscal year” for “such sums as are necessary” and “2023 through 2028” for “2009 through 2023”.

15. 2024

    Pub. L. 118–174 § 2(3) · 138 Stat. 2602

    1. Redesignated · 42 U.S.C. § 10367(c)

       Pub. L. 118–174, § 2(3), (4), redesignated subsec. (d) as (c)

    2. Struck · 42 U.S.C. § 10367(c)

       Pub. L. 118–174, § 2(3), (4), struck out former subsec. (c) which related to brackish groundwater assessment study and report

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–174, § 2(3), (4), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to brackish groundwater assessment study and report.

16. 2024

    Pub. L. 118–174 § 2(5) · 138 Stat. 2602

    Substituted · 42 U.S.C. § 10367(c)(4)

    Pub. L. 118–174, § 2(5), substituted “2028” for “2019”

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 118–174, § 2(5), substituted “2028” for “2019”.

17. 2024

    Pub. L. 118–174 § 2(4) · 138 Stat. 2602

    Redesignated · 42 U.S.C. § 10367(d)

    Pub. L. 118–174, § 2(4), redesignated subsec. (d) as (c)

    Unresolved: Pub. L. 118–174 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 118–174, § 2(4), redesignated subsec. (d) as (c).

1 of 20 references resolved to an enrolled provision · 19 unresolved