[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8810 Received in Senate (RDS)]
<DOC>
116th CONGRESS
2d Session
H.R. 8810
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2020
Received
_______________________________________________________________________
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.
Passed the House of Representatives December 3, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.