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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 529 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                 S. 529

_______________________________________________________________________

                                 AN ACT

 
  To establish a national program to identify and reduce losses from 
 landslide hazards, to establish a national 3D Elevation Program, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Landslide Preparedness 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 3D.--The term ``3D'' means 3-dimensional.
            (2) 3D elevation data.--
                    (A) In general.--The term ``3D elevation data'' 
                means 3D, high-resolution data obtained using LiDAR, 
                IfSAR, or other methods over the United States 
                (including territories).
                    (B) Inclusions.--The term ``3D elevation data'' 
                includes terrestrial and bathymetric elevation data.
            (3) 3D elevation program.--The term ``3D Elevation 
        Program'' means the 3D Elevation Program established under 
        section 5(a).
            (4) IfSAR.--The term ``IfSAR'' means interferometric 
        synthetic aperture radar.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) Lahar.--The term ``lahar'' means a large debris flow of 
        mostly volcanic material that is--
                    (A) often fast-moving; and
                    (B) a hazard in watersheds downstream of volcanic 
                peaks.
            (7) LiDAR.--The term ``LiDAR'' means light detection and 
        ranging.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (9) State.--The term ``State'' means--
                    (A) a State; and
                    (B) the District of Columbia.
            (10) State office.--The term ``State office'' means any 
        unit of State government that handles the identification, 
        mapping, assessment, and research of landslide hazards or 
        responding to landslide events, including--
                    (A) a State geological survey office;
                    (B) a State department of emergency response; and
                    (C) a State department of transportation.
            (11) Territory.--The term ``territory'' means--
                    (A) the Commonwealth of Puerto Rico;
                    (B) Guam;
                    (C) American Samoa;
                    (D) the Commonwealth of the Northern Mariana 
                Islands;
                    (E) the Federated States of Micronesia;
                    (F) the Republic of the Marshall Islands;
                    (G) the Republic of Palau; and
                    (H) the United States Virgin Islands.

SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM.

    (a) Establishment.--The Secretary shall establish a program, to be 
known as the ``National Landslide Hazards Reduction Program'' (referred 
to in this section as the ``program'')--
            (1) to identify and understand landslide hazards and risks;
            (2) to reduce losses from landslides;
            (3) to protect communities at risk of landslide hazards; 
        and
            (4) to help improve communication and emergency 
        preparedness, including by coordinating with communities and 
        entities responsible for infrastructure that are at risk of 
        landslide hazards.
    (b) Description of Program.--
            (1) Program activities.--The Secretary, in coordination 
        with the Interagency Coordinating Committee on Landslide 
        Hazards established by subsection (c)(1) (referred to in this 
        section as the ``Committee'') and in coordination with existing 
        activities of the United States Geological Survey and other 
        Federal agencies, shall--
                    (A) identify, map, assess, and research landslide 
                hazards;
                    (B) respond to landslide events; and
                    (C) in coordination with State offices, units of 
                local government, territories, and Indian tribes--
                            (i) establish working groups with State 
                        offices, units of local government, 
                        territories, and Indian tribes to identify 
                        regional and local priorities for researching, 
                        identifying, mapping, and assessing landslide 
                        hazards; and
                            (ii) develop and implement landslide hazard 
                        guidelines for--
                                    (I) geologists;
                                    (II) geological and geotechnical 
                                engineers;
                                    (III) emergency management 
                                personnel; and
                                    (IV) land use and other 
                                decisionmakers.
            (2) National strategy.--Not later than 1 year after the 
        date of enactment of this Act, and every 5 years thereafter, 
        the Secretary, in coordination with the Committee, shall 
        develop and publish a national strategy for landslide hazards, 
        risk reduction, and response in the United States (including 
        territories), which shall include--
                    (A) goals and priorities for the program;
                    (B) priorities for data acquisition, research, 
                communications, and risk management on landslides and 
                landslide hazards across relevant Federal agencies; and
                    (C) a detailed interagency plan, which shall take 
                into consideration national disaster preparedness, 
                response, and recovery frameworks, to carry out the 
                national strategy, including details about the 
                programs, projects, and budgets that will be used to 
                implement the national strategy.
            (3) National landslide hazards database.--In carrying out 
        the program, the Secretary, in coordination with State offices, 
        units of local government, territories, and Indian tribes, 
        shall develop and maintain a publicly accessible national 
        landslide hazard and risk inventory database to compile, 
        maintain, standardize, and evaluate data regarding--
                    (A) landslide hazards and risks;
                    (B) the impact of landslides on--
                            (i) health and safety;
                            (ii) the economy and infrastructure; and
                            (iii) the environment;
                    (C) landslide hazard stabilization; and
                    (D) reduction of losses from landslides.
            (4) Landslide hazard and risk preparedness for 
        communities.--In carrying out the program, the Secretary, in 
        coordination with the Secretary of the Army, the Secretary of 
        Commerce, the Secretary of Homeland Security, the Secretary of 
        Transportation, and the heads of other relevant Federal 
        agencies, and in consultation with State offices, units of 
        local government, territories, and Indian tribes, shall develop 
        and disseminate--
                    (A) landslide planning and risk reduction guidance, 
                guidelines, maps, tools, and training materials to help 
                inform State, territorial, local, and Tribal 
                governments and decisionmakers with respect to--
                            (i) the use and implementation of landslide 
                        hazard assessments;
                            (ii) the applied use of the database 
                        developed under paragraph (3);
                            (iii) reducing losses from landslides; and
                            (iv) resources available for communities 
                        working to improve landslide hazard 
                        preparedness; and
                    (B) landslide preparedness curricula and training 
                modules for--
                            (i) State, territorial, local, and Tribal 
                        officials;
                            (ii) Federal, State, territorial, local, 
                        and Tribal emergency managers; and
                            (iii) the National Guard.
            (5) Debris flow early warning system.--In carrying out the 
        program, the Secretary, in coordination with the Secretary of 
        Commerce and the Secretary of Homeland Security, shall expand 
        the early warning system for debris flow by--
                    (A) expanding the early warning system for post-
                wildfire debris flow to include recently burned areas 
                across the western United States;
                    (B) developing procedures with State, territorial, 
                local, and Tribal governments to monitor stormwater 
                drainage in areas with high debris flow risk; and
                    (C) identifying high-risk debris flow areas, such 
                as recently burned land and potential lahar hazard 
                areas.
            (6) Emergency response activities.--In carrying out the 
        program, the Secretary, in coordination with the Secretary of 
        Commerce, the Secretary of Homeland Security, the heads of 
        other relevant Federal agencies, States offices, units of local 
        government, territories, and Indian tribes, shall establish and 
        support emergency response procedures for the rapid deployment 
        of Federal scientists, equipment, and services to areas 
        impacted by a significant landslide event--
                    (A) to support emergency response efforts and 
                improve the safety of emergency responders;
                    (B) to improve data collection; and
                    (C) to conduct research to advance the 
                understanding of the causes, impacts, and reduction of 
                landslide hazards and risks.
    (c) Interagency Coordinating Committee on Landslide Hazards.--
            (1) In general.--There is established a committee, to be 
        known as the ``Interagency Coordinating Committee on Landslide 
        Hazards''.
            (2) Membership.--The Committee shall be composed of the 
        following members (or their designees):
                    (A) The Secretary, who shall serve as Chairperson 
                of the Committee.
                    (B) The Secretary of Agriculture.
                    (C) The Secretary of the Army.
                    (D) The Secretary of Commerce.
                    (E) The Secretary of Homeland Security.
                    (F) The Secretary of Transportation.
                    (G) The Director of the National Science 
                Foundation.
                    (H) The Director of the Office of Science and 
                Technology Policy.
                    (I) The Director of the Office of Management and 
                Budget.
            (3) Meetings.--The Committee shall meet at the call of the 
        Chairperson.
            (4) Purpose and duties.--The Committee shall--
                    (A) advise and oversee the program;
                    (B) facilitate communication and coordination 
                across Federal agencies in the planning, management, 
                budgeting, and execution of landslide activities; and
                    (C) support the development and execution of the 
                national strategy under subsection (b)(2), including 
                by--
                            (i) supporting the development of national 
                        goals and priorities for the national strategy;
                            (ii) articulating Federal agency roles, 
                        responsibilities, and resources for carrying 
                        out the national strategy; and
                            (iii) overseeing the implementation of the 
                        national strategy.
    (d) Advisory Committee.--
            (1) In general.--The Secretary shall establish an advisory 
        committee, to be known as the ``Advisory Committee on 
        Landslides'' (referred to in this subsection as the ``Advisory 
        Committee'').
            (2) Membership.--The Advisory Committee shall be composed 
        of not fewer than 11 members--
                    (A) of whom none may be an individual described in 
                any of subparagraphs (A) through (F) of section 
                7342(a)(1) of title 5, United States Code; and
                    (B) who shall be representatives of--
                            (i) States, including State geological 
                        organizations;
                            (ii) territories, including territorial 
                        geological organizations;
                            (iii) Indian tribes, including Tribal 
                        geological organizations;
                            (iv) research institutions and institutions 
                        of higher education that are qualified--
                                    (I) to provide advice regarding 
                                landslide hazard and risk reduction; 
                                and
                                    (II) to represent related 
                                scientific, architectural, engineering, 
                                and planning disciplines;
                            (v) industry standards development 
                        organizations; and
                            (vi) State, territorial, local, and Tribal 
                        emergency management agencies.
            (3) Recommendations.--
                    (A) In general.--The Advisory Committee shall 
                submit to the Committee recommendations for the 
                implementation of the program, including 
                recommendations regarding--
                            (i) landslide hazard and risk reduction and 
                        planning;
                            (ii) tools for communities;
                            (iii) research; and
                            (iv) such other topics as the Advisory 
                        Committee determines appropriate.
                    (B) Consideration.--The Secretary and the agency 
                heads described in subparagraphs (B) through (I) of 
                subsection (c)(2) shall take into consideration any 
                recommendation of the Advisory Committee submitted 
                under subparagraph (A).
    (e) Grant Programs.--
            (1) Cooperative landslide hazard mapping and assessment 
        program.--
                    (A) In general.--Subject to appropriations, the 
                Secretary may--
                            (i) provide grants, on a competitive basis, 
                        to State, territorial, local, and Tribal 
                        governments to research, map, assess, and 
                        collect data on landslide hazards within the 
                        jurisdictions of those governments; and
                            (ii) accept and use funds received from 
                        other Federal and non-Federal partners to 
                        advance the purposes of the program.
                    (B) Priority.--
                            (i) In general.--The Secretary shall 
                        consult annually with the Committee, States, 
                        units of local government, territories, and 
                        Indian tribes to establish priorities for the 
                        grant program under this paragraph.
                            (ii) Funding prioritization.--In providing 
                        grants under this paragraph, the Secretary 
                        shall give priority to projects--
                                    (I) that will achieve the greatest 
                                landslide hazard and risk reduction;
                                    (II) that reflect the goals and 
                                priorities of the national strategy 
                                established under subsection (b)(2)(A);
                                    (III) not less than 50 percent of 
                                the total cost of which is matched by 
                                non-Federal sources; and
                                    (IV) that include acquisition of 
                                enhanced elevation data consistent with 
                                the 3D Elevation Program.
                    (C) Requirement.--If the Secretary elects to 
                provide grants under subparagraph (A)(i), the Secretary 
                shall publish on a publicly available website a 
                description of--
                            (i) the grants; and
                            (ii) the findings made from those grants.
            (2) National landslide research grants.--
                    (A) In general.--To advance the goals and 
                priorities of the national strategy established under 
                subsection (b)(2)(A), subject to appropriations, the 
                Director of the National Science Foundation (referred 
                to in this paragraph as the ``Director'') may provide 
                grants to eligible entities for landslide research, 
                including research on--
                            (i) the causes, mechanisms, triggers, 
                        hydrology, and geology of landslides;
                            (ii) ways to reduce landslide hazards and 
                        risks to minimize loss of life and property, 
                        including landslide hazard and risk 
                        communication, perception, decisionmaking, 
                        tools, and technologies; and
                            (iii) other goals and priorities of the 
                        national strategy established under subsection 
                        (b)(2)(A).
                    (B) Eligible entities.--The Director shall 
                determine whether an entity is eligible to receive a 
                grant under this paragraph.
                    (C) Requirements.--In providing grants under this 
                paragraph, the Director shall--
                            (i) ensure that the grants are provided on 
                        a competitive basis;
                            (ii) consider grant applications submitted 
                        by eligible entities that have developed the 
                        application in partnership with 1 or more State 
                        geological surveys; and
                            (iii) publish on a publicly available 
                        website a description of--
                                    (I) the grants; and
                                    (II) the findings made from those 
                                grants.
    (f) Biennial Report.--Through calendar year 2030, the Secretary 
shall submit to Congress a biennial report, including a description of, 
with respect to the 2-calendar-year period preceding the date of the 
report--
            (1) the goals and accomplishments of the Committee in 
        carrying out the national strategy developed under subsection 
        (b)(2);
            (2) the results of the activities of the Committee under 
        this section; and
            (3) the extent to which any recommendations of the Advisory 
        Committee under subsection (d)(3)(A) have been implemented.
    (g) Significant Events.--Not later than 1 year after a significant 
landslide event in the United States (including territories) occurs, 
the Secretary shall publish on a publicly available website--
            (1) a description of the landslide event and the 
        implications of the event on communities, including life and 
        property;
            (2) recommendations on how the identification of the 
        landslide risk could have been improved prior to the event;
            (3) a description of the effectiveness of any warning and 
        risk communication, including the dissemination of warnings by 
        State, territorial, local, and Tribal partners in the affected 
        area;
            (4) recommendations to improve risk identification, 
        reduction, and communication to landowners and units of local 
        government;
            (5) recommendations to improve landslide hazard 
        preparedness and emergency response activities under this 
        section; and
            (6) such other findings as the Secretary determines 
        appropriate.
    (h) Funding.--For each of fiscal years 2021 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.

SEC. 4. GROUND SUBSIDENCE.

    As the Secretary determines to be appropriate and subject to 
appropriations, the Secretary, through existing programs, shall advance 
the identification, mapping, research, and monitoring of subsidence and 
groundwater resource accounting, particularly in areas affected by 
drought.

SEC. 5. 3D ELEVATION PROGRAM.

    (a) Establishment of 3D Elevation Program.--
            (1) In general.--The Secretary shall establish a program, 
        to be known as the ``3D Elevation Program''--
                    (A) to provide 3D elevation data coverage for the 
                United States;
                    (B) to coordinate and facilitate the collection, 
                dissemination, and use of 3D elevation data among 
                Federal departments and agencies and non-Federal 
                entities;
                    (C) to produce standard, publicly accessible 3D 
                elevation data products for the United States; and
                    (D) to promote the collection, dissemination, and 
                use of 3D elevation data among Federal, State, local, 
                and Tribal governments, communities, institutions of 
                higher education, and the private sector through--
                            (i) cooperative agreements;
                            (ii) the development and maintenance of 
                        spatial data infrastructure to provide quality 
                        control and deliver to the public 3D elevation 
                        data products;
                            (iii) in coordination with the 3D Elevation 
                        Federal Interagency Coordinating Committee 
                        established under subsection (b), States, and 
                        industry and standards bodies, the development 
                        of standards and guidelines for 3D elevation 
                        data acquisition to increase accessibility to 
                        3D elevation data in a standard, easy-to-use 
                        format; and
                            (iv) the identification, assessment, and 
                        adoption of emerging technologies to improve 
                        the accuracy and efficiency of the 3D Elevation 
                        Program.
            (2) Management.--
                    (A) In general.--The Secretary shall manage the 3D 
                Elevation Program--
                            (i) to ensure efficiency with respect to 
                        related activities of the Department of the 
                        Interior and other participating Federal 
                        departments and agencies; and
                            (ii) to meet the needs of Department of the 
                        Interior programs, stakeholders, and the 
                        public.
                    (B) Other federal departments and agencies.--The 
                head of each Federal department and agency involved in 
                the acquisition, production, distribution, or 
                application of 3D elevation data shall--
                            (i) coordinate with the 3D Elevation 
                        Federal Interagency Coordinating Committee 
                        established under subsection (b) to acquire 
                        additional, enhanced 3D elevation data;
                            (ii) submit to the Secretary a description 
                        of priority areas of interest for 3D elevation 
                        data collection for use in providing grants and 
                        cooperative agreements under subsection (d);
                            (iii) implement policies and procedures for 
                        data acquisition and sharing that are 
                        consistent with standards and guidelines 
                        developed under the 3D Elevation Program;
                            (iv) participate in, and share the results 
                        and benefits of, the 3D Elevation Program, in 
                        accordance with standards and guidelines 
                        developed under the 3D Elevation Program; and
                            (v) ensure that any 3D elevation data 
                        acquired with Federal grant funding--
                                    (I) meets 3D Elevation Program 
                                standards; and
                                    (II) is included in the national 
                                holdings of those data.
    (b) 3D Elevation Federal Interagency Coordinating Committee.--
            (1) Establishment.--The Secretary, in coordination with the 
        Secretary of Commerce and the Secretary of Homeland Security, 
        shall establish an interagency coordinating committee, to be 
        known as the ``3D Elevation Federal Interagency Coordinating 
        Committee'' (referred to in this subsection as the 
        ``Committee''), to better coordinate 3D elevation data 
        management across the Federal Government.
            (2) Membership.--The Committee shall be composed of the 
        following members (or their designees):
                    (A) The Secretary, who shall serve as Chairperson 
                of the Committee.
                    (B) The Secretary of Agriculture.
                    (C) The Secretary of Commerce.
                    (D) The Secretary of Homeland Security.
                    (E) The Director of the National Science 
                Foundation.
                    (F) The Director of the Office of Science and 
                Technology Policy.
                    (G) The Director of the Office of Management and 
                Budget.
                    (H) The head of any other Federal department or 
                agency, at the request of the Secretary.
            (3) Coordination.--The Committee shall coordinate, as 
        appropriate, with the existing activities of--
                    (A) the 3D Elevation Program Executive Forum;
                    (B) the Alaska Mapping Executive Committee;
                    (C) the 3D Elevation Working Group;
                    (D) the 3D National Elevation Subcommittee; and
                    (E) State offices.
            (4) Meetings.--The Committee shall meet at the call of the 
        Chairperson.
            (5) Duties.--The Committee shall--
                    (A) oversee the planning, management, and 
                coordination of the 3D Elevation Program; and
                    (B) develop, by not later than 1 year after the 
                date of enactment of this Act, and update periodically 
                thereafter--
                            (i) a strategic plan that establishes goals 
                        and priorities for activities carried out under 
                        the 3D Elevation Program; and
                            (ii) a detailed management plan to 
                        implement the strategic plan.
    (c) Subcommittee of National Geospatial Advisory Committee.--
            (1) Establishment.--
                    (A) In general.--The Secretary shall establish, 
                within the National Geospatial Advisory Committee, a 
                subcommittee (referred to in this subsection as the 
                ``Subcommittee'').
                    (B) Membership.--The Subcommittee shall--
                            (i) consist of not fewer than 11 members, 
                        of whom none may be a Federal officer or 
                        employee; and
                            (ii) include representatives of--
                                    (I) research and academic 
                                institutions;
                                    (II) industry standards development 
                                organizations;
                                    (III) units of State and local 
                                government; and
                                    (IV) the private sector.
            (2) Duties.--
                    (A) Assessment.--The Subcommittee shall conduct an 
                assessment of--
                            (i) trends and developments in--
                                    (I) the collection, dissemination, 
                                and use of 3D elevation data; and
                                    (II) science and technology 
                                relating to 3D elevation data;
                            (ii) the effectiveness of the 3D Elevation 
                        Program in carrying out the activities 
                        described in subsection (a)(1);
                            (iii) the need to revise or reorganize the 
                        3D Elevation Program; and
                            (iv) the management, coordination, 
                        implementation, and activities of the 3D 
                        Elevation Program.
                    (B) Report.--Not later than 1 year after the date 
                of enactment of this Act, and every 2 years thereafter, 
                the Subcommittee shall submit to the Secretary and the 
                3D Elevation Federal Interagency Coordinating Committee 
                established under subsection (b) a report that 
                includes--
                            (i) the findings of the assessment under 
                        subparagraph (A); and
                            (ii) recommendations of the Subcommittee 
                        based on those findings, if any.
    (d) Grants and Cooperative Agreements.--
            (1) In general.--The Secretary may make grants and enter 
        into cooperative agreements with other Federal departments and 
        agencies, units of State, local, or Tribal government, 
        institutions of higher education, nonprofit research 
        institutions, or other organizations to facilitate the 
        improvement of nationwide coverage of 3D elevation data.
            (2) Applications.--To be eligible to receive a grant or 
        enter into a cooperative agreement under this subsection, an 
        entity described in paragraph (1) shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            (3) Terms and conditions.--A grant or cooperative agreement 
        under this subsection shall be subject to such terms and 
        conditions as the Secretary determines to be appropriate, 
        including making data publically available and interoperable 
        with other Federal datasets.
    (e) Funding.--For each of the fiscal years 2021 through 2024, there 
is authorized out of funds appropriated to the Secretary $20,000,000 to 
carry out this section.

            Passed the Senate July 30, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                 S. 529

_______________________________________________________________________

                                 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.
```