[Senate Report 116-165]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 315
116th Congress     }                                   {       Report
                                 SENATE
 1st Session       }                                   {      116-165
_______________________________________________________________________

                                     



                  NATIONAL LANDSLIDE PREPAREDNESS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 529









              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]









                December 5, 2019.--Ordered to be printed 


                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-010                     WASHINGTON : 2019 
                
                
                
                
                
                
                
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             first session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director












                                                     Calendar No. 315
116th Congress     }                                   {       Report
                                 SENATE
 1st Session       }                                   {      116-165
======================================================================



 
                  NATIONAL LANDSLIDE PREPAREDNESS ACT

                                _______
                                

                December 5, 2019.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 529]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the 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, having considered the same, reports favorably thereon 
with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 529 is to authorize a national landslide 
hazards reduction program within the United States Geological 
Survey (USGS) to identify and understand risks and reduce 
losses from landslide hazards, and to help improve 
communication and emergency preparedness. The bill also 
establishes a national 3-Dimensional Elevation Program (3DEP) 
to update and produce standard, publicly accessible 3D 
elevation data to assess landslide hazards, recognize geologic 
and environmental hazards, and to identify natural resources.

                          Background and Needs

    Landslides are geologic hazards that exist throughout the 
United States. The costs of landslides are significant; the 
USGS estimates that landslides account for $2 billion to $4 
billion in damages\1\ and, on average, 25-50 fatalities every 
year.\2\ As expansion of urban and recreational development 
occurs, people are exposed to potential impacts from landslide 
hazards. Landslides are often triggered by other events like 
heavy storms, earthquakes, volcanic activities, and wildfires. 
In March 2014, a landslide in Washington State occurred near 
Oso, causing 43 deaths and the destruction of 49 homes and 
structures.\3\ The direct costs of the Oso landslide totaled 
more than $80 million and highlighted the need for a national 
landslide hazards reduction program.
---------------------------------------------------------------------------
    \1\American Geosciences Institute, ``How much do landslides cost 
the U.S. in terms of monetary losses?'' (https://
www.americangeosciences.org/critical-issues/faq/how-much-do-landslides-
cost-terms-monetary-losses).
    \2\U.S. Geological Survey, Landslides Hazards Program (https://
www.usgs.gov/faqs/how-many-deaths-result-landslides-each-year?qt-
news_science_products=0#qt-news_science_products).
    \3\U.S. Geological Survey, ``Five Years Later--The Oso (SR 530) 
Landslide in Washington'' (https://www.usgs.gov/news/five-years-later-
oso-sr-530-landslide-washington?qt-news_science_
products=1#qt-news_science_products).
---------------------------------------------------------------------------
    Established in the 1970s, the Landslides Hazards Program 
(LHP) provides scientific information to minimize loss of life 
and property from landslides.\4\ The LHP conducts landslide 
hazard assessments, conducts landslide investigations and 
forecasts, and provides assistance in response to landslide 
events. The LHP collaborates with States and other Federal 
agencies in these activities. Local public decisionmakers 
depend on the LHP for information before, during, and after 
landslide triggering disasters to better inform their actions. 
Since fiscal year 2014, the LHP has been funded at $3.5 million 
annually.\5\
---------------------------------------------------------------------------
    \4\U.S. Geological Survey, Landslides Hazards Program (https://
www.usgs.gov/faqs/how-many-deaths-result-landslides-each-year?qt-
news_science_products=0#qt-news_science_products).
    \5\U.S. Department of the Interior, Office of Budget (https://
www.doi.gov/budget/
appropriations/).
---------------------------------------------------------------------------

       AUTHORIZING A NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM

    S. 529 directs the Secretary of the Interior to bolster the 
LHP's activities by creating a National Landslide Hazards 
Reduction Program to identify and understand risks and reduce 
losses from landslide hazards, protect communities at risk, and 
to help improve communication and emergency preparedness. The 
program would be required to map and assess landslide hazards, 
identify regional and local priorities through coordination 
with States, Indian Tribes, and local governments, and develop 
landslide hazard guidelines for geologists, engineers, 
emergency managers, and land-use and other decisionmakers.
    The program would assist the efforts of State and local 
governments and decisionmakers to reduce landslide risks by 
providing planning and risk-reduction guidance and materials 
through a publicly available national landslide hazards 
database. The program also would expand early warning systems 
for landslide hazards and develop emergency response procedures 
for rapid deployment of Federal funds to areas affected by 
landslide events.
    An interagency committee, chaired by the Secretary of the 
Interior, would oversee and coordinate the National Landslide 
Hazards Reduction Program. The committee would support the 
development and execution of a national strategy and plan for 
landslide hazards and risk reduction. An advisory committee on 
landslides, composed of members from States, territories, 
Indian Tribes, research institutions, industry, and emergency 
management, would provide advice and recommendations to the 
interagency committee.

              ESTABLISHING THE 3D ELEVATION PROGRAM (3DEP)

    The bill also would authorize 3DEP to complement and 
provide data to the National Landslide Hazard Reduction 
Program. 3DEP would update and produce standard, publicly 
accessible 3D elevation data for the United States, in 
coordination with other Federal agencies and non-Federal 
entities. The products produced by 3DEP would improve 
understanding and assessments of landslide hazards, identify 
energy, mineral, and water resources, and recognize geologic 
and environmental hazards such as active faults and seismic 
areas, unstable ground subject to landslides, swelling soils, 
floodplains, and abandoned mine lands.
    An interagency committee, chaired by the Secretary of the 
Interior, would oversee and coordinate the activities of 3DEP. 
A subcommittee of the National Geospatial Advisory Committee 
would advise the interagency coordinating committee and would 
assess the management and implementation of the activities 
carried out in 3DEP.

                         Summary of Provisions

    The National Landslide Preparedness Act would direct the 
USGS to establish a National Landslide Hazards Reduction 
Program to better understand and identify landslide hazards and 
risks, protect communities and reduce losses from landslide 
hazards, and improve emergency preparedness.
    If enacted, the National Landslide Preparedness Act would 
do the following:
   Direct USGS to establish a National Landslide 
        Hazards Reduction Program, which requires that the 
        USGS:
     Establish a national strategy to reduce landslide 
            risks;
     Create and maintain publicly accessible database 
            on landslide hazards;
     Create an early warning system for flash floods 
            and debris flows;
     Lead an interagency coordinating committee on 
            landslide hazards; and
     Authorize two new grant programs.
    It also would do the following:
   Authorize USGS to create 3DEP, which would do the 
        following:
     Require the USGS to develop elevation data for the 
            United States and produce publicly accessible 
            elevation products;
     Authorize USGS to make grants and enter into 
            cooperative agreements; and
     Direct USGS to head interagency coordinating 
            committee for 3DEP.
    This bill would authorize appropriations of $37 million for 
each of fiscal years 2020-2023 to carry out the National 
Landslide Hazards Reduction Program; of which $25 million be 
made available to the USGS, $11 million be made available to 
the National Science Foundation, and $1 million be made 
available to the National Oceanic and Atmospheric 
Administration. The bill would authorize appropriations of $20 
million for each of fiscal years 2020-2023 to carry out 3DEP.

                          Legislative History

    S. 529, the National Landslide Preparedness Act, was 
introduced on February 14, 2019, by Senator Cantwell (for 
herself and Senators Murkowski, Gardner, Wyden, and Feinstein), 
and was referred to the Committee on Commerce, Science, and 
Transportation of the Senate. Senator Sullivan is an additional 
cosponsor. On April 3, 2019, the Committee met in open 
Executive Session and, by voice vote, ordered S. 529 to be 
reported favorably with an amendment in the nature of a 
substitute.
    In the 115th Congress, a similar bill, S. 698, the National 
Landslide Preparedness Act, was introduced on March 22, 2017, 
by Senator Cantwell (for herself and Senators Feinstein, 
Murkowski and Murray) and was referred to the Committee on 
Commerce, Science, and Transportation of the Senate. Senator 
Wyden became an additional cosponsor. The measure was not taken 
up by the Committee.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The bill would
           Authorize the appropriation of $37 million 
        annually over the 2020-2023 period for the National 
        Landslide Hazards Program
           Authorize the appropriation of $20 million 
        annually over the 2020-2023 period for the 3D Elevation 
        Program
    Estimated budgetary effects would primarily stem from
           Spending of amounts specifically authorized 
        to be appropriated
    Bill summary: S. 529 would direct the United States 
Geological Survey (USGS) to implement two programs focused on 
mapping the territory of the United States. Under the bill, the 
National Landslide Hazards Reduction Program (NLHRP) would 
develop a national strategy to reduce landslide risks, create 
and maintain a publicly accessible database on landslide 
hazards, expand the current early warning system for flash 
floods and debris flow following wildfires, and lead an 
interagency coordinating committee on landslide hazards. The 
bill also would authorize two grant programs under the NLHRP.
    Under the 3D Elevation Program, USGS would be required to 
develop elevation data for the United States and to produce 
publicly accessible data products. In implementing the program, 
the USGS would be authorized to make grants and enter into 
cooperative agreements. The bill would direct the USGS to head 
an interagency coordinating committee for the program.
    Estimated Federal cost: The estimated budgetary effect of 
S. 529 is shown in Table 1. The costs of the legislation fall 
within budget function 300 (natural resources and environment).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 529
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2019    2020    2021    2022    2023    2024   2019-2024
----------------------------------------------------------------------------------------------------------------
National Landslide Hazards Reduction Program:
    Authorization....................................       0      37      37      37      37       0        148
    Estimated Outlays................................       0      26      35      37      37      11        146
3D Elevation Program:
    Authorization....................................       0      20      20      20      20       0         80
    Estimated Outlays................................       0       8      17      20      20      12         77
    Total Changes:
        Authorization................................       0      57      57      57      57       0        228
        Estimated Outlays............................       0      34      52      57      57      23        223
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
529 will be enacted during fiscal year 2019 and that the 
authorized amounts will be appropriated for each fiscal year 
beginning in 2020. Estimated outlays follow historical patterns 
for similar programs.
    S. 529 would authorize the appropriation of $57 million a 
year for a total of $228 million over the 2020-2023 period. 
Assuming appropriation of those amounts, CBO estimates that the 
bill would cost $223 million over the 2020-2024 period and $5 
million after 2024.
    National Landslide Hazards Reduction Program: S. 529 would 
authorize the appropriation of $37 million annually from 2020 
to 2023 for the USGS to implement the NLHRP. CBO estimates that 
implementing the program as authorized would cost $146 million 
over the 2020-2024 period. Currently the USGS operates a 
similar program that meets some of the requirements of S. 529. 
In 2019, the USGS allocated about $4 million to that program.
    3D Elevation Program: The bill would authorize the 
appropriation of $20 million annually from 2020 to 2023 for the 
USGS to implement the 3D Elevation Program. CBO estimates that 
implementing the program would cost $77 million over the 2020-
2024 period. Currently the USGS operates a similar program that 
meets some of the requirements outlined under S. 529. In 2019, 
the USGS allocated about $38 million to that program.
    Pay-As-You-Go considerations: None.
    Increase in long-term deficits: None.
    Mandates: None.
    Estimate prepared by: Federal Costs: Robert Reese; 
Mandates: Jon Sperl.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 529, as reported, would not subject individuals to new 
regulations.

                            economic impact

    S. 529, as reported, is not expected to have a negative 
economic impact.

                                privacy

    The reported bill would have no impact on the personal 
privacy of individuals.

                               paperwork

    The National Landslide Hazards Reduction Program would 
require the Secretary, in coordination with the Committee, not 
later than 1 year after the date of enactment of this Act and 
every 5 years thereafter, to publish a national strategy for 
landslide hazard risk reduction and response in the United 
States. The bill also would require a biennial report be 
submitted to Congress through calendar year 2030, which would 
include a description of the goals and accomplishments of the 
Committee in carrying out the national strategy, results of 
activities carried out by the Committee, and implementation of 
any recommendations of the Advisory Committee.
    3DEP would require the subcommittee to submit a report, not 
later than 1 year after the date of enactment of this Act and 
every 2 years thereafter, to the Secretary and the 3D Elevation 
Federal Interagency Coordinating Committee, the findings from 
and recommendations based on assessments carried out in 3DEP.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``National Landslide Preparedness Act''.

Section 2. Definitions.

    This section includes definitions of the terms ``3D,'' ``3D 
elevation data,'' ``3D elevation program,'' ``IfSAR,'' ``Indian 
tribe,'' ``lahar,'' ``LiDAR,'' ``Secretary,'' ``State office,'' 
and ``territory.''

Section 3. National Landslide Hazards Reduction Program.

    This section would direct the Secretary of the Interior to 
establish the National Landslide Hazards Reduction Program 
within the USGS Natural Hazards Program. It would allow the 
Secretary to coordinate with an Interagency Committee on 
Landslide Hazards, USGS, and other Federal agencies to improve 
landslide hazard preparedness and response, establish working 
groups with State and local governments, territories, and 
Indian Tribes to identify regional priorities, and develop and 
implement guidelines for landslide hazards to be used by 
geologists, engineers, emergency management, and other 
decisionmakers. The program also would publish a national 
strategy for landslide risk reduction and response and develop 
and maintain a publicly accessible national hazard and risk 
database. The program would strengthen community preparedness 
by disseminating planning and risk materials, expanding early 
warning systems, and establishing procedures for rapid 
emergency response and deployment of Federal resources to 
affected communities.
    This section also would provide competitive grants to 
State, local, and Tribal governments to research and collect 
data on landslide hazards. It would require the National 
Science Foundation to ensure that competitive landslide 
research grants advance the goals and priorities of the 
national strategy.

Section 4. Ground subsidence.

    This section would allow the Secretary to support 
identification, mapping, research, and monitoring of subsidence 
and groundwater resource accounting.

Section 5. 3D Elevation Program.

    This section would direct the Secretary to establish a 3DEP 
and the 3D Elevation Federal Interagency Coordinating Committee 
and would authorize appropriations for 3DEP. 3DEP would provide 
standard, publicly accessible 3D elevation data coverage and 
data products for the United States, as well as promote 
collection, dissemination, and use of the data across Federal, 
State, local, and Tribal governments, communities, institutes 
of higher education, and the private sector. Finally, this 
section would allow USGS to make grants and enter into 
cooperative agreements to facilitate the improvement of 
nationwide coverage of 3D elevation data.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]