[Congressional Record Volume 166, Number 204 (Thursday, December 3, 2020)]
[House]
[Pages H6128-H6131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL LANDSLIDE PREPAREDNESS ACT
Mr. CASE. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 8810) to establish a national program to identify and reduce
losses from landslide hazards, to establish a national 3D Elevation
Program, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8810
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,
[[Page H6129]]
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.
[[Page H6130]]
(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.
[[Page H6131]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Hawaii (Mr. Case) and the gentleman from Utah (Mr. Bishop) each will
control 20 minutes.
The Chair recognizes the gentleman from Hawaii.
General Leave
Mr. CASE. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Hawaii?
There was no objection.
Mr. CASE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, the National Landslide Preparedness Act sponsored by
my colleague, Ms. DelBene, would establish a national landslide hazards
reduction program through the United States Geological Survey to better
identify landslide risks and to improve emergency preparedness for
communities. This bill also directs USGS to implement a 3D elevation
program to update and produce high-resolution elevation data across the
country.
The House passed a version of this legislation by voice vote last
year, but after further negotiation with both the majority and the
minority in the Senate, we have agreed to a few changes in the language
and are passing this revised bill to allow the Senate to move this
compromise to the President before it adjourns.
Madam Speaker, I urge my colleagues to support this important
legislation, and I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, once again, I have no objection to this particular
bill. I do have objections to the process we are going through.
The House has already passed a bill. It went to the Senate. The
Senate passed a bill. It came back here. Now, we introduced a new bill
to go up there with different changes in it going back to the Senate.
We should have fixed it the first time. But having said that, go with
it.
Madam Speaker, I yield back the balance of my time.
Mr. CASE. Madam Speaker, I yield 4 minutes to the gentlewoman from
Washington (Ms. DelBene).
Ms. DelBENE. Madam Speaker, almost 7 years ago, on March 22, 2014,
Washington experienced one of its worst natural disasters ever. In a
matter of seconds, a tragic landslide near Oso killed 43 people,
destroyed over 40 homes, and severely damaged public infrastructure and
private property.
That day forever changed the people of Oso, Darrington, Arlington,
the Stillaguamish Tribe, and the Sauk-Suiattle Tribe. But even in the
aftermath of the landslide, it was incredibly inspiring to see a
community come together to help each other through this tragedy. That
is why I introduced this bill, the National Landslide Preparedness Act.
In 2016, I introduced the first version of this bill and have been
working tirelessly to get it signed into law. This will allow
significant progress to be made in landslide science and will allow
communities to be better prepared for when landslides do occur.
As the Oso landslide demonstrated, simply sending aid after a tragic
natural disaster is insufficient. We need to do more to fund programs
and research efforts to prevent future natural disasters from becoming
national tragedies.
In recent years, we have seen dramatic increases in extreme weather
events, and we need to do everything in our power to make sure that
communities across the country are better prepared. Given the
importance of this issue, I strongly urge my colleagues to support this
bill. Getting it signed into law is long overdue, and I hope the Senate
will pass this bill quickly and send it to the President's desk for his
signature.
Mr. CASE. Madam Speaker, I urge adoption of this measure, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Case) that the House suspend the rules and
pass the bill, H.R. 8810, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________