Title 42, The Public Health and WelfareRelease 119-110

§10367 Water Data Enhancement by United States Geological Survey

Title 42 › CHAPTER 109B — SECURE WATER › § 10367

Last updated Sep 23, 2026|Official source

Summary

The Secretary must run a national streamgage program that measures streamflow and related weather and water data in important watersheds. The work must be steady and reliable so people and agencies can make water-management decisions. The program must collect extra data during floods and droughts, keep long-term records to spot changes and check links to global climate change, and work with Federal and State agencies (including the National Integrated Drought Information System) to improve water-availability knowledge, flood-hazard assessments, find data gaps, and better forecasts. The Secretary must use adaptive reviews, improve how data are analyzed and shared, and develop cheaper ways to measure streamflow. Within 10 years after March 30, 2023 (by March 30, 2033), the program must fund at least 4,700 streamgages, all made flood-hardened and fitted with precipitation and water-quality sensors and modern telemetry, and sites must meet Federal needs described in official feedback. The Federal government will pay 100% of the cost of that streamgage network. Money is authorized as needed for fiscal years 2009–2028, and $10,000,000 per year for the network upgrades is authorized for fiscal years 2009–2028. The Secretary must also build a nationwide groundwater monitoring program for each major aquifer. The program must set quality standards for monitoring wells (including real-time instruments when possible), check the status of wells that existed on March 30, 2009, and make plans to cover each major aquifer in coordination with the Advisory Committee, States, local agencies, and Tribes. Before starting new monitoring in a State or Tribal land after March 30, 2009, the Secretary must consult them and follow applicable laws. The goals are to improve knowledge of how surface water and groundwater interact, study climate effects on groundwater by covering each climate division, and support assessments. The Secretary must improve methods to measure recharge, discharge, and storage and may pay up to 100% of costs, while giving priority where States, Tribes, or local governments provide a large share of costs. Up to $4,000,000 per year is authorized for this work for fiscal years 2023–2028. The Secretary may also give nonrepayable grants to federal agencies, research institutes, universities, and private groups to develop better and cheaper water measurement and data methods. Priority research includes streamflow prediction and measurement, groundwater storage change, data standards and GIS validation, precipitation and evapotranspiration measurement, and tracking water withdrawals and use. Partnerships, including public-private ones, are encouraged. Up to $5,000,000 per year is authorized for these grants for fiscal years 2009–2028.

Full Legal Text

Title 42, §10367

The Public Health and Welfare, Source: USLM XML via OLRC

(a)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 Federal priority streamgage program.
(2)Requirements
In conducting the 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 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 Federal priority streamgage program to assess whether the objectives of the 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 March 30, 2023, 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 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 Federal priority streamgage network established pursuant to this subsection shall be 100 percent of the cost of carrying out the 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 Federal priority streamgage program for the period of fiscal years 2009 through 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 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 March 30, 2009; 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 March 30, 2009, 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 $4,000,000 per fiscal year to carry out this subsection for the period of fiscal years 2023 through 2028, to remain available until expended.
(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)
(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 2028.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–174, § 2(1)(A), substituted “Federal priority streamgage program” for “National streamflow information program” in heading. 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”. Subsec. (a)(2). Pub. L. 118–174, § 2(1)(C), substituted “Federal priority streamgage program” for “national streamflow information program” wherever appearing. Subsec. (a)(4)(A). Pub. L. 118–174, § 2(1)(D)(i)(I), substituted “2023” for “2009” in introductory provisions. Subsec. (a)(4)(A)(ii). Pub. L. 118–174, § 2(1)(D)(i)(II), inserted “precipitation” before “water-quality sensors”. 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. Subsec. (a)(5). Pub. L. 118–174, § 2(1)(E), substituted “Federal priority streamgage network” for “national streamgaging network” in two places. 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”. Subsec. (a)(6)(B). Pub. L. 118–174, § 2(1)(F)(ii), substituted “2028” for “2019”. Subsec. (b)(2)(B). Pub. L. 118–174, § 2(2)(A)(i), inserted “and Tribes” after “agencies” in introductory provisions. 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”. Subsec. (b)(6). Pub. L. 118–174, § 2(2)(B), inserted “, a Tribe” after “a State”. 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”. 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. Subsec. (c)(4). Pub. L. 118–174, § 2(5), substituted “2028” for “2019”. Subsec. (d). Pub. L. 118–174, § 2(4), redesignated subsec. (d) as (c).

Reference

Citations & Metadata

Citation

42 U.S.C. § 10367

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110