[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8810 Enrolled Bill (ENR)]
H.R.8810
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To establish a national program to identify and reduce losses from
landslide hazards, to establish a national 3D Elevation Program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Landslide Preparedness
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 3D.--The term ``3D'' means 3-dimensional.
(2) 3D elevation data.--
(A) In general.--The term ``3D elevation data'' means 3D,
high-resolution data obtained using LiDAR, IfSAR, or other
methods over the United States (including territories).
(B) Inclusions.--The term ``3D elevation data'' includes
terrestrial and bathymetric elevation data.
(3) 3D elevation program.--The term ``3D Elevation Program''
means the 3D Elevation Program established under section 5(a).
(4) IfSAR.--The term ``IfSAR'' means interferometric synthetic
aperture radar.
(5) 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).
(6) Lahar.--The term ``lahar'' means a large debris flow of
mostly volcanic material that is--
(A) often fast-moving; and
(B) a hazard in watersheds downstream of volcanic peaks.
(7) LiDAR.--The term ``LiDAR'' means light detection and
ranging.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States
Geological Survey.
(9) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(10) State office.--The term ``State office'' means any unit of
State government that handles the identification, mapping,
assessment, and research of landslide hazards or responding to
landslide events, including--
(A) a State geological survey office;
(B) a State department of emergency response; and
(C) a State department of transportation.
(11) Territory.--The term ``territory'' means--
(A) the Commonwealth of Puerto Rico;
(B) Guam;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana Islands;
(E) the Federated States of Micronesia;
(F) the Republic of the Marshall Islands;
(G) the Republic of Palau; and
(H) the United States Virgin Islands.
SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM.
(a) Establishment.--The Secretary shall establish a program, to be
known as the ``National Landslide Hazards Reduction Program'' (referred
to in this section as the ``program'')--
(1) to identify and understand landslide hazards and risks;
(2) to reduce losses from landslides;
(3) to protect communities at risk of landslide hazards; and
(4) to help improve communication and emergency preparedness,
including by coordinating with communities and entities responsible
for infrastructure that are at risk of landslide hazards.
(b) Description of Program.--
(1) Program activities.--The Secretary, in coordination with
the Interagency Coordinating Committee on Landslide Hazards
established by subsection (c)(1) (referred to in this section as
the ``Committee'') and in coordination with existing activities of
the United States Geological Survey and other Federal agencies,
shall--
(A) identify, map, assess, and research landslide hazards;
(B) respond to landslide events; and
(C) in coordination with State offices, units of local
government, territories, and Indian tribes--
(i) establish working groups with State offices, units
of local government, territories, and Indian tribes to
identify regional and local priorities for researching,
identifying, mapping, and assessing landslide hazards; and
(ii) develop and implement landslide hazard guidelines
for--
(I) geologists;
(II) geological and geotechnical engineers;
(III) emergency management personnel; and
(IV) land use and other decisionmakers.
(2) National strategy.--Not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter, the Secretary,
in coordination with the Committee, shall develop and publish a
national strategy for landslide hazards, risk reduction, and
response in the United States (including territories), which shall
include--
(A) goals and priorities for the program;
(B) priorities for data acquisition, research,
communications, and risk management on landslides and landslide
hazards across relevant Federal agencies; and
(C) a detailed interagency plan, which shall take into
consideration national disaster preparedness, response, and
recovery frameworks, to carry out the national strategy,
including details about the programs, projects, and budgets
that will be used to implement the national strategy.
(3) National landslide hazards database.--In carrying out the
program, the Secretary, in coordination with State offices, units
of local government, territories, and Indian tribes, shall develop
and maintain a publicly accessible national landslide hazard and
risk inventory database to compile, maintain, standardize, and
evaluate data regarding--
(A) landslide hazards and risks;
(B) the impact of landslides on--
(i) health and safety;
(ii) the economy and infrastructure; and
(iii) the environment;
(C) landslide hazard stabilization; and
(D) reduction of losses from landslides.
(4) Landslide hazard and risk preparedness for communities.--In
carrying out the program, the Secretary, in coordination with the
Secretary of the Army, the Secretary of Commerce, the Secretary of
Homeland Security, the Secretary of Transportation, and the heads
of other relevant Federal agencies, and in consultation with State
offices, units of local government, territories, and Indian tribes,
shall develop and disseminate--
(A) landslide planning and risk reduction guidance,
guidelines, maps, tools, and training materials to help inform
State, territorial, local, and Tribal governments and
decisionmakers with respect to--
(i) the use and implementation of landslide hazard
assessments;
(ii) the applied use of the database developed under
paragraph (3);
(iii) reducing losses from landslides; and
(iv) resources available for communities working to
improve landslide hazard preparedness; and
(B) landslide preparedness curricula and training modules
for--
(i) State, territorial, local, and Tribal officials;
(ii) Federal, State, territorial, local, and Tribal
emergency managers; and
(iii) the National Guard.
(5) Debris flow early warning system.--In carrying out the
program, the Secretary, in coordination with the Secretary of
Commerce and the Secretary of Homeland Security, shall expand the
early warning system for debris flow by--
(A) expanding the early warning system for post-wildfire
debris flow to include recently burned areas across the western
United States;
(B) developing procedures with State, territorial, local,
and Tribal governments to monitor stormwater drainage in areas
with high debris flow risk; and
(C) identifying high-risk debris flow areas, such as
recently burned land and potential lahar hazard areas.
(6) Emergency response activities.--In carrying out the
program, the Secretary, in coordination with the Secretary of
Commerce, the Secretary of Homeland Security, the heads of other
relevant Federal agencies, States offices, units of local
government, territories, and Indian tribes, shall establish and
support emergency response procedures for the rapid deployment of
Federal scientists, equipment, and services to areas impacted by a
significant landslide event--
(A) to support emergency response efforts and improve the
safety of emergency responders;
(B) to improve data collection; and
(C) to conduct research to advance the understanding of the
causes, impacts, and reduction of landslide hazards and risks.
(c) Interagency Coordinating Committee on Landslide Hazards.--
(1) In general.--There is established a committee, to be known
as the ``Interagency Coordinating Committee on Landslide Hazards''.
(2) Membership.--The Committee shall be composed of the
following members (or their designees):
(A) The Secretary, who shall serve as Chairperson of the
Committee.
(B) The Secretary of Agriculture.
(C) The Secretary of the Army.
(D) The Secretary of Commerce.
(E) The Secretary of Homeland Security.
(F) The Secretary of Transportation.
(G) The Director of the National Science Foundation.
(H) The Director of the Office of Science and Technology
Policy.
(I) The Director of the Office of Management and Budget.
(3) Meetings.--The Committee shall meet at the call of the
Chairperson.
(4) Purpose and duties.--The Committee shall--
(A) advise and oversee the program;
(B) facilitate communication and coordination across
Federal agencies in the planning, management, budgeting, and
execution of landslide activities; and
(C) support the development and execution of the national
strategy under subsection (b)(2), including by--
(i) supporting the development of national goals and
priorities for the national strategy;
(ii) articulating Federal agency roles,
responsibilities, and resources for carrying out the
national strategy; and
(iii) overseeing the implementation of the national
strategy.
(d) Advisory Committee.--
(1) In general.--The Secretary shall establish an advisory
committee, to be known as the ``Advisory Committee on Landslides''
(referred to in this subsection as the ``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be composed of
not fewer than 11 members--
(A) of whom none may be an individual described in any of
subparagraphs (A) through (F) of section 7342(a)(1) of title 5,
United States Code; and
(B) who shall be representatives of--
(i) States, including State geological organizations;
(ii) territories, including territorial geological
organizations;
(iii) Indian tribes, including Tribal geological
organizations;
(iv) research institutions and institutions of higher
education that are qualified--
(I) to provide advice regarding landslide hazard
and risk reduction; and
(II) to represent related scientific,
architectural, engineering, and planning disciplines;
(v) industry standards development organizations; and
(vi) State, territorial, local, and Tribal emergency
management agencies.
(3) Recommendations.--
(A) In general.--The Advisory Committee shall submit to the
Committee recommendations for the implementation of the
program, including recommendations regarding--
(i) landslide hazard and risk reduction and planning;
(ii) tools for communities;
(iii) research; and
(iv) such other topics as the Advisory Committee
determines appropriate.
(B) Consideration.--The Secretary and the agency heads
described in subparagraphs (B) through (I) of subsection (c)(2)
shall take into consideration any recommendation of the
Advisory Committee submitted under subparagraph (A).
(e) Grant Programs.--
(1) Cooperative landslide hazard mapping and assessment
program.--
(A) In general.--Subject to appropriations, the Secretary
may--
(i) provide grants, on a competitive basis, to State,
territorial, local, and Tribal governments to research,
map, assess, and collect data on landslide hazards within
the jurisdictions of those governments; and
(ii) accept and use funds received from other Federal
and non-Federal partners to advance the purposes of the
program.
(B) Priority.--
(i) In general.--The Secretary shall consult annually
with the Committee, States, units of local government,
territories, and Indian tribes to establish priorities for
the grant program under this paragraph.
(ii) Funding prioritization.--In providing grants under
this paragraph, the Secretary shall give priority to
projects--
(I) that will achieve the greatest landslide hazard
and risk reduction;
(II) that reflect the goals and priorities of the
national strategy established under subsection
(b)(2)(A);
(III) not less than 50 percent of the total cost of
which is matched by non-Federal sources; and
(IV) that include acquisition of enhanced elevation
data consistent with the 3D Elevation Program.
(C) Requirement.--If the Secretary elects to provide grants
under subparagraph (A)(i), the Secretary shall publish on a
publicly available website a description of--
(i) the grants; and
(ii) the findings made from those grants.
(2) National landslide research grants.--
(A) In general.--To advance the goals and priorities of the
national strategy established under subsection (b)(2)(A),
subject to appropriations, the Director of the National Science
Foundation (referred to in this paragraph as the ``Director'')
may provide grants to eligible entities for landslide research,
including research on--
(i) the causes, mechanisms, triggers, hydrology, and
geology of landslides;
(ii) ways to reduce landslide hazards and risks to
minimize loss of life and property, including landslide
hazard and risk communication, perception, decisionmaking,
tools, and technologies; and
(iii) other goals and priorities of the national
strategy established under subsection (b)(2)(A).
(B) Eligible entities.--The Director shall determine
whether an entity is eligible to receive a grant under this
paragraph.
(C) Requirements.--In providing grants under this
paragraph, the Director shall--
(i) ensure that the grants are provided on a
competitive basis;
(ii) consider grant applications submitted by eligible
entities that have developed the application in partnership
with 1 or more State geological surveys; and
(iii) publish on a publicly available website a
description of--
(I) the grants; and
(II) the findings made from those grants.
(f) Biennial Report.--Through calendar year 2030, the Secretary
shall submit to Congress a biennial report, including a description of,
with respect to the 2-calendar-year period preceding the date of the
report--
(1) the goals and accomplishments of the Committee in carrying
out the national strategy developed under subsection (b)(2);
(2) the results of the activities of the Committee under this
section; and
(3) the extent to which any recommendations of the Advisory
Committee under subsection (d)(3)(A) have been implemented.
(g) Significant Events.--Not later than 1 year after a significant
landslide event in the United States (including territories) occurs,
the Secretary shall publish on a publicly available website--
(1) a description of the landslide event and the implications
of the event on communities, including life and property;
(2) recommendations on how the identification of the landslide
risk could have been improved prior to the event;
(3) a description of the effectiveness of any warning and risk
communication, including the dissemination of warnings by State,
territorial, local, and Tribal partners in the affected area;
(4) recommendations to improve risk identification, reduction,
and communication to landowners and units of local government;
(5) recommendations to improve landslide hazard preparedness
and emergency response activities under this section; and
(6) such other findings as the Secretary determines
appropriate.
(h) Funding.--For each of fiscal years 2021 through 2024--
(1) there is authorized to be appropriated to the United States
Geological Survey, $25,000,000 to carry out this section;
(2) there is authorized to be appropriated to the National
Science Foundation, $11,000,000 to carry out this section; and
(3) there is authorized to be appropriated to the National
Oceanic and Atmospheric Administration, $1,000,000 to carry out
this section.
(i) Derivation of Funds.--Funds to carry out the activities under
this section shall be derived from amounts authorized to be
appropriated that are enacted after the date of the enactment of this
section.
SEC. 4. GROUND SUBSIDENCE.
As the Secretary determines to be appropriate and subject to
appropriations, the Secretary, through existing programs, shall advance
the identification, mapping, research, and monitoring of subsidence and
groundwater resource accounting, particularly in areas affected by
drought.
SEC. 5. 3D ELEVATION PROGRAM.
(a) Establishment of 3D Elevation Program.--
(1) In general.--The Secretary shall establish a program, to be
known as the ``3D Elevation Program''--
(A) to provide 3D elevation data coverage for the United
States;
(B) to coordinate and facilitate the collection,
dissemination, and use of 3D elevation data among Federal
departments and agencies and non-Federal entities;
(C) to produce standard, publicly accessible 3D elevation
data products for the United States; and
(D) to promote the collection, dissemination, and use of 3D
elevation data among Federal, State, local, and Tribal
governments, communities, institutions of higher education, and
the private sector through--
(i) cooperative agreements;
(ii) the development and maintenance of spatial data
infrastructure to provide quality control and deliver to
the public 3D elevation data products;
(iii) in coordination with the 3D Elevation Federal
Interagency Coordinating Committee established under
subsection (b), States, and industry and standards bodies,
the development of standards and guidelines for 3D
elevation data acquisition to increase accessibility to 3D
elevation data in a standard, easy-to-use format; and
(iv) the identification, assessment, and adoption of
emerging technologies to improve the accuracy and
efficiency of the 3D Elevation Program.
(2) Management.--
(A) In general.--The Secretary shall manage the 3D
Elevation Program--
(i) to ensure efficiency with respect to related
activities of the Department of the Interior and other
participating Federal departments and agencies; and
(ii) to meet the needs of Department of the Interior
programs, stakeholders, and the public.
(B) Other federal departments and agencies.--The head of
each Federal department and agency involved in the acquisition,
production, distribution, or application of 3D elevation data
shall--
(i) coordinate with the 3D Elevation Federal
Interagency Coordinating Committee established under
subsection (b) to acquire additional, enhanced 3D elevation
data;
(ii) submit to the Secretary a description of priority
areas of interest for 3D elevation data collection for use
in providing grants and cooperative agreements under
subsection (d);
(iii) implement policies and procedures for data
acquisition and sharing that are consistent with standards
and guidelines developed under the 3D Elevation Program;
(iv) participate in, and share the results and benefits
of, the 3D Elevation Program, in accordance with standards
and guidelines developed under the 3D Elevation Program;
and
(v) ensure that any 3D elevation data acquired with
Federal grant funding--
(I) meets 3D Elevation Program standards; and
(II) is included in the national holdings of those
data.
(b) 3D Elevation Federal Interagency Coordinating Committee.--
(1) Establishment.--The Secretary, in coordination with the
Secretary of Commerce and the Secretary of Homeland Security, shall
establish an interagency coordinating committee, to be known as the
``3D Elevation Federal Interagency Coordinating Committee''
(referred to in this subsection as the ``Committee''), to better
coordinate 3D elevation data management across the Federal
Government.
(2) Membership.--The Committee shall be composed of the
following members (or their designees):
(A) The Secretary, who shall serve as Chairperson of the
Committee.
(B) The Secretary of Agriculture.
(C) The Secretary of Commerce.
(D) The Secretary of Homeland Security.
(E) The Director of the National Science Foundation.
(F) The Director of the Office of Science and Technology
Policy.
(G) The Director of the Office of Management and Budget.
(H) The head of any other Federal department or agency, at
the request of the Secretary.
(3) Coordination.--The Committee shall coordinate, as
appropriate, with the existing activities of--
(A) the 3D Elevation Program Executive Forum;
(B) the Alaska Mapping Executive Committee;
(C) the 3D Elevation Working Group;
(D) the 3D National Elevation Subcommittee; and
(E) State offices.
(4) Meetings.--The Committee shall meet at the call of the
Chairperson.
(5) Duties.--The Committee shall--
(A) oversee the planning, management, and coordination of
the 3D Elevation Program; and
(B) develop, by not later than 1 year after the date of
enactment of this Act, and update periodically thereafter--
(i) a strategic plan that establishes goals and
priorities for activities carried out under the 3D
Elevation Program; and
(ii) a detailed management plan to implement the
strategic plan.
(c) Subcommittee of National Geospatial Advisory Committee.--
(1) Establishment.--
(A) In general.--The Secretary shall establish, within the
National Geospatial Advisory Committee, a subcommittee
(referred to in this subsection as the ``Subcommittee'').
(B) Membership.--The Subcommittee shall--
(i) consist of not fewer than 11 members, of whom none
may be a Federal officer or employee; and
(ii) include representatives of--
(I) research and academic institutions;
(II) industry standards development organizations;
(III) units of State and local government; and
(IV) the private sector.
(2) Duties.--
(A) Assessment.--The Subcommittee shall conduct an
assessment of--
(i) trends and developments in--
(I) the collection, dissemination, and use of 3D
elevation data; and
(II) science and technology relating to 3D
elevation data;
(ii) the effectiveness of the 3D Elevation Program in
carrying out the activities described in subsection (a)(1);
(iii) the need to revise or reorganize the 3D Elevation
Program; and
(iv) the management, coordination, implementation, and
activities of the 3D Elevation Program.
(B) Report.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the
Subcommittee shall submit to the Secretary and the 3D Elevation
Federal Interagency Coordinating Committee established under
subsection (b) a report that includes--
(i) the findings of the assessment under subparagraph
(A); and
(ii) recommendations of the Subcommittee based on those
findings, if any.
(d) Grants and Cooperative Agreements.--
(1) In general.--The Secretary may make grants and enter into
cooperative agreements with other Federal departments and agencies,
units of State, local, or Tribal government, institutions of higher
education, nonprofit research institutions, or other organizations
to facilitate the improvement of nationwide coverage of 3D
elevation data.
(2) Applications.--To be eligible to receive a grant or enter
into a cooperative agreement under this subsection, an entity
described in paragraph (1) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Terms and conditions.--A grant or cooperative agreement
under this subsection shall be subject to such terms and conditions
as the Secretary determines to be appropriate, including making
data publically available and interoperable with other Federal
datasets.
(e) Funding.--For each of fiscal years 2021 through 2024, there is
authorized to be appropriated to the Secretary $40,000,000 to carry out
this section.
(f) Derivation of Funds.--Funds to carry out the activities under
this section shall be derived from amounts authorized to be
appropriated to the Secretary that are enacted after the date of the
enactment of this section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.