National Landslide Preparedness Act
This bill directs the U.S. Geological Survey (USGS) to establish a National Landslide Hazards Reduction Program to identify and understand landslide hazards and risks, reduce losses from landslides, protect communities at risk of landslide hazards, and help improve communication and emergency preparedness.
The USGS shall, among other things
The USGS may provide grants to research, map, assess, and collect data on landslide hazards.
The National Science Foundation may provide grants to eligible entities for landslide research.
The USGS (1) shall advance the identification, mapping, research, and monitoring of subsidence and groundwater resource accounting, particularly in areas affected by drought; (2) shall establish the 3D Elevation Program and the 3D Elevation Federal Interagency Coordinating Committee; and (3) may make grants and enter into cooperative agreements to facilitate the improvement of nationwide coverage of 3D elevation data.
[116th Congress Public Law 323]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 5075]]
Public Law 116-323
116th Congress
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. <<NOTE: Jan. 5, 2021 - [H.R. 8810]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Landslide Preparedness Act.>>
SECTION 1. <<NOTE: 43 USC 3101 note.>> SHORT TITLE.
This Act may be cited as the ``National Landslide Preparedness
Act''.
SEC. 2. <<NOTE: 43 USC 3101.>> 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--
[[Page 134 STAT. 5076]]
(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. <<NOTE: State and local governments. Territories. Native
Americans. 43 USC 3102.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> identify, map, assess,
and research landslide hazards;
(B) respond to landslide events; and
(C) <<NOTE: Coordination.>> in coordination with
State offices, units of local government, territories,
and Indian tribes--
(i) <<NOTE: Assessment.>> 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) <<NOTE: Guidelines.>> 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) <<NOTE: Deadline. Time
period. Coordination. Publication.>> 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;
[[Page 134 STAT. 5077]]
(B) priorities for data acquisition, research,
communications, and risk management on landslides and
landslide hazards across relevant Federal agencies; and
(C) <<NOTE: Plan.>> 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) <<NOTE: Coordination. Public information. Evaluation.>>
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) <<NOTE: Coordination. Consultation.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Procedures.>> developing procedures
with State, territorial, local, and Tribal governments
to monitor stormwater drainage in areas with high debris
flow risk; and
[[Page 134 STAT. 5078]]
(C) identifying high-risk debris flow areas, such as
recently burned land and potential lahar hazard areas.
(6) <<NOTE: Coordination.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Establishment.>> 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'').
[[Page 134 STAT. 5079]]
(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) <<NOTE: Consultation.>> 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--
[[Page 134 STAT. 5080]]
(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) <<NOTE: Public information. Web posting.>>
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) <<NOTE: Determination.>> 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) <<NOTE: Public information. Web
posting.>> publish on a publicly available
website a description of--
(I) the grants; and
(II) the findings made from those
grants.
(f) <<NOTE: Time period.>> 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.
[[Page 134 STAT. 5081]]
(g) <<NOTE: Deadline. Public information. Web posting. Recommenda-
tions.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 43 USC 3103.>> GROUND SUBSIDENCE.
As <<NOTE: Determination.>> 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. <<NOTE: 43 USC 3104.>> 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) <<NOTE: Coordination.>> to coordinate and
facilitate the collection, dissemination, and use of 3D
elevation data among Federal departments and agencies
and non-Federal entities;
(C) <<NOTE: Standards. Public information. Data.>>
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;
[[Page 134 STAT. 5082]]
(iii) <<NOTE: Coordination. Standards. Guidelines.
Data.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Coordination.>> 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.
[[Page 134 STAT. 5083]]
(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) <<NOTE: Deadline. Update. Plans.>> 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);
[[Page 134 STAT. 5084]]
(iii) the need to revise or reorganize the 3D
Elevation Program; and
(iv) <<NOTE: Coordination.>> the management,
coordination, implementation, and activities of
the 3D Elevation Program.
(B) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Determination. Public information.>> 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) <<NOTE: Time period.>> 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.
Approved January 5, 2021.
LEGISLATIVE HISTORY--H.R. 8810:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 166 (2020):
Dec. 3, considered and passed House.
Dec. 16, considered and passed Senate.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mr. Case moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6128-6131)
DEBATE - The House proceeded with forty minutes of debate on H.R. 8810.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6128-6131)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6128-6131)
Motion to reconsider laid on the table Agreed to without objection.
Enacted as Public Law 116-323
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Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S7556)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S7556)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-323.
Became Public Law No: 116-323.