[Congressional Record Volume 166, Number 135 (Thursday, July 30, 2020)]
[Senate]
[Pages S4644-S4647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL LANDSLIDE PREPAREDNESS ACT
Mr. SULLIVAN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 315, S. 529.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 529) to establish a national program to identify
and reduce losses from landslide hazards, to establish a
national 3D Elevation Program, and for other purposes.
The PRESIDING OFFICER. Is there objection to proceeding to the
measure?
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following
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'')--
[[Page S4645]]
(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--
[[Page S4646]]
(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.--There is authorized to be appropriated to
carry out this section $37,000,000 for each of fiscal years
2020 through 2023, of which--
(1) $25,000,000 each fiscal year shall be made available to
the United States Geological Survey;
(2) $11,000,000 each fiscal year shall be made available to
the National Science Foundation; and
(3) $1,000,000 each fiscal year shall be made available to
the National Oceanic and Atmospheric Administration.
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.
[[Page S4647]]
(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) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2020 through 2023.
Mr. SULLIVAN. Mr. President, I ask unanimous consent that the
Cantwell amendment at the desk be agreed to; that the committee-
reported substitute amendment, as amended, be agreed to; that the bill,
as amended, be considered read a third time and passed; and that the
motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2500) was agreed to, as follows
(Purpose: To improve the authorizations of appropriations)
Beginning on page 42, strike line 21 and all that follows
through page 43, line 5, and insert the following:
(h) Funding.--For each of fiscal years 2021 and 2024--
(1) there is authorized out of funds appropriated to the
United States Geological Survey, $25,000,000 to carry out
this section;
(2) there is authorized out of funds appropriated to the
National Science Foundation, $11,000,000 to carry out this
section; and
(3) there is authorized out of funds appropriated to the
National Oceanic and Atmospheric Administration, $1,000,000
to carry out this section.
On page 51, strike lines 7 through 9 and insert the
following:
(e) Funding.--For each of the fiscal years 2021 through
2024, there is authorized out of funds appropriated to the
Secretary $20,000,000 to carry out this section.
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill (S. 529), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows
=========================== NOTE ===========================
On page S4647, July 30, 2020, first column, the following
appears: The committee-reported amendment in the nature of a
substitute, as amended, was agreed to. The bill (S. 359), as
amended, was ordered to be engrossed for a third reading, was read
the third time, and passed, as follows
The online Record has been corrected to read: The committee-
reported amendment in the nature of a substitute, as amended, was
agreed to. The bill (S. 529), as amended, was ordered to be
engrossed for a third reading, was read the third time, and
passed, as follows
========================= END NOTE =========================
(The bill will be printed in a future edition of the Record.)
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