II Calendar No. 481 118th CONGRESS 2d Session S. 3788 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 7), 2024 Ms. Murkowski (for herself and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation August 1, 2024 Reported by Ms. Cantwell , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To reauthorize the National Landslide Preparedness Act, and for other purposes.

1. Short title This Act may be cited as the National Landslide Preparedness Act Reauthorization Act of 2024 . 2. Reauthorization of the National Landslide Preparedness Act (a) National landslide hazards reduction program Section 3(h) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(h) ) is amended— (1) in the matter preceding paragraph (1), by striking 2024 and inserting 2034 ; and (2) in paragraph (1), by striking $25,000,000 to carry out this section and inserting $40,000,000 to carry out this section, of which not less than $15,000,000 shall be made available for the purchase and deployment of landslide early warning systems in high-risk areas . (b) 3d elevation program Section 5(e) of the National Landslide Preparedness Act ( 43 U.S.C. 3104(e) ) is amended by striking 2024 and inserting 2034 .

1. Short title This Act may be cited as the National Landslide Preparedness Act Reauthorization Act of 2024 . 2. Certain definitions under Flood Level Observation, Operations, and Decision Support Act (a) Definitions Section 12(a) of the Flood Level Observation, Operations, and Decision Support Act ( 15 U.S.C. 9707(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (4) and (5), respectively; and (2) by inserting before paragraph (4) (as so redesignated) the following: (1) Atmospheric river The term atmospheric river means a transient corridor of strong water vapor in the atmosphere that— (A) produces significant quantities of rain or snow; and (B) may be primarily beneficial to the water supply or hazardous due to flooding. (2) Atmospheric river flooding event The term atmospheric river flooding event means an atmospheric river that— (A) results in flooding of rivers and streams or other hazards to human life, property, or the economy; and (B) is of particular concern to human health, property, and the economy, as determined by the Secretary of Commerce. (3) Extreme precipitation event The term extreme precipitation event means precipitation quantities exceeding the 5-year annual recurrence interval for a specific location. . (b) Requirements Section 12(d)(1) of the Flood Level Observation, Operations, and Decision Support Act ( 15 U.S.C. 9707(d)(1) ) is amended by inserting , such as precipitation resulting from hurricanes, atmospheric river flooding events, and extreme precipitation events before the period at the end. 3. Reauthorization of National Landslide Preparedness Act (a) Definitions Section 2 of the National Landslide Preparedness Act ( 43 U.S.C. 3101 ) is amended— (1) by redesignating paragraphs (4) through (11) as paragraphs (7), (8), (10), (11), (13), (14), (15), and (16), respectively; (2) by inserting after paragraph (3) the following: (4) Atmospheric river The term atmospheric river has the meaning given the term in section 12(a) of the Flood Level Observation, Operations, and Decision Support Act ( 15 U.S.C. 9707(a) ). (5) Atmospheric river flooding event The term atmospheric river flooding event has the meaning given the term in section 12(a) of the Flood Level Observation, Operations, and Decision Support Act ( 15 U.S.C. 9707(a) ). (6) Extreme precipitation event The term extreme precipitation event has the meaning given the term in section 12(a) of the Flood Level Observation, Operations, and Decision Support Act ( 15 U.S.C. 9707(a) ). ; (3) by inserting after paragraph (8) (as so redesignated) the following: (9) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). ; (4) by inserting after paragraph (11) (as so redesignated) the following: (12) Native Hawaiian Community The term Native Hawaiian Community means the distinct Native Hawaiian indigenous political community that Congress, exercising its plenary power over Native American affairs, has recognized and with which Congress has implemented a special political and trust relationship. ; and (5) by adding at the end the following: (17) Tribal organization The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). . (b) National landslide hazards reduction program (1) Establishment Section 3(a)(3) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(a)(3) ) is amended by striking protect and inserting contribute to protecting . (2) Program activities Section 3(b)(1)(C)(ii) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(b)(1)(C)(ii) ) is amended by striking implement and inserting disseminate . (3) National strategy Section 3(b)(2) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(b)(2) ) is amended— (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking Not later than and inserting the following: (A) In general Not later than ; and (C) by adding at the end the following: (B) Assessment For purposes of the first national strategy published after the date of enactment of the National Landslide Preparedness Act Reauthorization Act of 2024 under subparagraph (A), the Secretary, in consultation with the Secretary of Commerce, shall include an assessment of the risks that atmospheric river flooding events and extreme precipitation events pose to the safety of life and property in the United States with respect to landslide hazards. . (4) National landslide hazards database Section 3(b)(3) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(b)(3) ) is amended— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: (C) the identification of areas in need of additional hazard risk assessment, including areas that may be at risk due to— (i) hydrology or changes in hydrology that may include erosion, drought, or other characteristics that could impact landslide risk; (ii) atmospheric river flooding events and extreme precipitation events, as identified by the Secretary of Commerce and the Secretary; (iii) geologic activity, such as volcanic eruptions, earthquakes, or tsunamis; or (iv) data-poor areas or hazards with poor monitoring that could contribute to increased landslide risk; . (5) Landslide hazard and risk preparedness for communities Section 3(b)(4) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(b)(4) ) is amended— (A) in the matter preceding subparagraph (A), by inserting Native Hawaiian Communities and other stakeholders, as appropriate, before and Indian tribes ; (B) in subparagraph (A)— (i) in the matter preceding clause (i), by striking local, and Tribal governments and decisionmakers and inserting and local governments, Indian tribes, Tribal organizations, Native Hawaiian Communities, and other decisionmakers ; (ii) by striking clause (iii) and inserting the following: (iii) health and safety with respect to landslides; ; (iii) by redesignating clause (iv) as clause (v); and (iv) by inserting after clause (iii) the following: (iv) reducing losses from landslides, including the threats caused by atmospheric rivers and other extreme precipitation events; and ; and (C) in subparagraph (B)— (i) in clause (i), by striking local, and Tribal officials and inserting and local officials, Indian tribes, Tribal organizations, and Native Hawaiian Communities ; and (ii) in clause (ii), by striking local, and Tribal emergency managers and inserting and local emergency managers and emergency managers of Indian tribes, Tribal organizations, and Native Hawaiian Communities . (6) Debris flow early warning system Section 3(b)(5) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(b)(5) ) is amended— (A) in subparagraph (B), by striking State, territorial, local, and Tribal governments and inserting State, territorial, and local governments, Indian tribes, Tribal organizations, and Native Hawaiian Communities ; (B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking In carrying out and inserting the following: (A) In general In carrying out ; and (D) by adding at the end the following: (B) Consultation In carrying out subparagraph (A), the Secretary may consult with an institution of higher education described in subsection (d)(2)(B)(iv) and other stakeholders to establish and support emergency response procedures, as appropriate. . (7) Emergency response activities Section 3(b)(6) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(b)(6) ) is amended— (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking In carrying and inserting the following: (A) In general In carrying ; (C) in subparagraph (A) (as so designated)— (i) in the matter preceding clause (i) (as so redesignated), by inserting Native Hawaiian Communities, before and Indian tribes ; (ii) in clause (ii) (as so redesignated), by striking and at the end; (iii) in clause (iii) (as so redesignated), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (iv) to improve real-time risk management during landslide events, including with respect to landslide events caused by— (I) hydrology or changes in hydrology that may include erosion, drought, or other characteristics that could impact landslide risk; (II) atmospheric river flooding events and extreme precipitation events, as identified by the Secretary of Commerce and the Secretary; (III) geologic activity, such as volcanic eruptions, earthquakes, or tsunamis; (IV) data-poor areas or hazards with poor monitoring that could contribute to increased landslide risk; or (V) thawing permafrost and glacial retreat causing destabilization of slopes. ; and (D) by adding at the end the following: (B) Consultation In carrying out subparagraph (A), the Secretary may consult with an institution of higher education described in subsection (d)(2)(B)(iv) and the private sector. . (8) Advisory committee Section 3(d)(2)(B) of the National Landslide Preparedness Act ( 43 U.S.C. 3102(d)(2)(B) ) is amended— (A) in clause (iii), by striking geological ; and (B) in clause (vi), by striking local, and Tribal emergency management agencies and inserting and local emergency management agencies and emergency management agencies of Indian tribes and Native Hawaiian Communities . (9) Regional partnerships Section 3 of the National Landslide Preparedness Act ( 43 U.S.C. 3102 ) is amended— (A) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively; and (B) by inserting after subsection (d) the following: (e) Regional partnerships (1) In general As soon as practicable after the date of enactment of the National Landslide Preparedness Act Reauthorization Act of 2024 , the Secretary shall establish in each region in which the Secretary determines that there is a high landslide hazard a regional partnership with an eligible partner described in paragraph (2). (2) Eligible partners An organization or institution of higher education with expertise in landslide mapping, research, and monitoring shall be eligible for a regional partnership under paragraph (1). (3) Purposes and duties A regional partnership established under paragraph (1) shall— (A) allow the Secretary to leverage applicable expertise in regional organizations; (B) coordinate long-term landslide research specific to the applicable region; and (C) align interagency landslide monitoring efforts. . (10) Grant programs Section 3 of the National Landslide Preparedness Act ( 43 U.S.C. 3102 ) is amended, in paragraph (1) of subsection (f) (as redesignated by paragraph (9)(A))— (A) in subparagraph (A)(i), by striking local, and Tribal governments to research, map, assess and inserting and local governments, Indian tribes, Tribal organizations, and Native Hawaiian Communities to research, map, assess, monitor ; (B) in subparagraph (B)— (i) in clause (i), by inserting institutions of higher education described in subsection (d)(2)(B)(iv), before and Indian tribes ; and (ii) in clause (ii)— (I) by redesignating subclauses (II) through (IV) as subclauses (III) through (V), respectively; and (II) by inserting after subclause (I) the following: (II) in regions that have recently experienced loss of life due to landslides; ; and (C) in subparagraph (C)— (i) in clause (i), by inserting awarded after grants ; and (ii) in clause (ii), by striking made and inserting or other accomplishments resulting . (11) Significant events Section 3 of the National Landslide Preparedness Act ( 43 U.S.C. 3102 ) is amended, in subsection (h)(3) (as so redesignated), by striking local, and Tribal partners and inserting and local partners, Indian tribes, Tribal organizations, and Native Hawaiian Communities . (12) Funding Section 3 of the National Landslide Preparedness Act ( 43 U.S.C. 3102 ) is amended, in subsection (i) (as redesignated by paragraph (9)(A))— (A) in the matter preceding paragraph (1), by striking 2024 and inserting 2034 ; and (B) in paragraph (1), by striking $25,000,000 to carry out this section and inserting $40,000,000 to carry out this section, of which not less than $15,000,000 shall be made available for the purchase, deployment, and repair of landslide early warning systems in high risk areas . (c) 3D elevation program (1) Establishment Section 5(a) of the National Landslide Preparedness Act ( 43 U.S.C. 3104(a) ) is amended— (A) in paragraph (1)(A), by inserting and derivative after 3D elevation ; and (B) in paragraph (2)(B)(i), by inserting , process, and integrate after acquire . (2) 3D Elevation Federal Interagency Coordinating Committee Section 5(b)(3) of the National Landslide Preparedness Act ( 43 U.S.C. 3104(b)(3) ) is amended— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: (D) the 3D Hydrography Program Working Group; . (3) Grants and cooperative agreements Section 5(d)(3) of the National Landslide Preparedness Act ( 43 U.S.C. 3104(d)(3) ) is amended by striking publically and inserting publicly . (4) Funding Section 5(e) of the National Landslide Preparedness Act ( 43 U.S.C. 3104(e) ) is amended by striking 2024 and inserting 2034 . 4. Next Generation Water Observing System The Act of December 24, 1942 (56 Stat. 1086, chapter 822; 43 U.S.C. 36b ), is amended— (1) in the first section, by striking That the Secretary of the Interior and inserting the following: 1. Gaging streams and underground water resources The Secretary of the Interior (referred to in this Act as the Secretary ) ; (2) in section 1 (as so designated)— (A) in the second sentence, by striking of the Interior ; and (B) in the proviso— (i) by striking this Act each place it appears and inserting this section ; and (ii) by striking of the Interior ; and (3) by adding at the end the following: 2. Next Generation Water Observing System (a) Establishment The Secretary shall establish within the United States Geological Survey a system, to be known as the Next Generation Water Observing System (referred to in this section as the System ). (b) Purpose The purpose of the System is to provide real-time data on water quantity and quality— (1) that, as compared to previous systems, is more affordable, more rapid, and available in more locations; and (2) to support advanced modeling tools— (A) to provide state-of-the-art flood and drought forecasts; (B) to inform emergency- and water-management decision support systems; and (C) to help evaluate— (i) the near-term and long-term risks of floods and droughts, including any scenarios that modify those risks; (ii) the quantity of water stored in seasonal snow packs, and how changes in seasonal snow packs affect water supplies; (iii) the early stages of drought; (iv) the predicted timelines for drought recovery; (v) the quantity of water lost to evapotranspiration; (vi) water quality differences during wet and dry periods; (vii) the effects of streamflow on groundwater; (viii) the effects of groundwater on streamflow; and (ix) ice and water volume stored in glaciers and changing water volumes due to glacial retreat. (c) System requirements The System shall provide for— (1) state-of-the-art measurements; (2) a dense array of sensors at selected sites; (3) increased spatial and temporal coverage; (4) new technology testing and implementation; (5) improved operational efficiency; and (6) modernized and timely data storage and delivery. (d) Priority regions In determining in which regions of the United States Geological Survey to carry out the System, the Secretary shall give priority to regions of the United States Geological Survey in which there is— (1) a high level of drought; (2) a reliance on reservoirs for water storage; (3) a reliance on hydrologic storage, including groundwater, aquifers, and snowpack; and (4) flooding and extreme rainfall. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section in 10 initial basins, as determined by the Secretary, $42,500,000 for fiscal year 2025, to remain available until expended. . 5. Water data enhancement and national groundwater resources monitoring by United States Geological Survey Section 9507 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10367 ) is amended— (1) in subsection (a)— (A) by striking the subsection heading and inserting Federal priority streamgage program ; (B) in paragraph (1), by striking national streamflow information program, as reviewed by the National Research Council in 2004 and inserting Federal priority streamgage program ; (C) in paragraph (2)— (i) by striking national streamflow information program each place it appears and inserting Federal priority streamgage program ; and (ii) in subparagraph (C)— (I) in clause (i), by striking and at the end; (II) in clause (ii), by inserting and after the semicolon at the end; and (III) by adding at the end the following: (iii) the conduct of groundwater quality assessments relating to permafrost thaw and changes in precipitation rates; ; (D) in paragraph (4)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking 10 years and inserting 25 years ; (II) in clause (i), by striking national streamflow information program and inserting Federal priority streamgage program ; and (III) in clause (ii), by inserting precipitation before water-quality sensors ; (ii) in subparagraph (B), by striking National Streamflow Information Program plan as reviewed by the National Research Council and inserting Federal needs established through regular solicitation of feedback, such as the feedback documented in the report entitled Re-prioritization of the U.S. Geological Survey Federal Priority streamgage program, 2022 (Open-file Report 2023–1032) ; and (iii) by adding at the end the following: (C) Priority sites In selecting sites for the installation of streamgages under subparagraph (A), the Secretary shall give priority to regions of the United States Geological Survey in which there is— (i) a high level of drought; (ii) a reliance on reservoirs for water storage; (iii) a reliance on hydrologic storage, including groundwater, aquifers, and snowpack; and (iv) flooding and extreme rainfall. (D) No impact on existing sites The priority provided under subparagraph (C) shall have no impact on any site or region in which a streamgage has been installed, and is operating, as of the date of enactment of the National Landslide Preparedness Act Reauthorization Act of 2024 , subject to the condition that the data from such a site or region are continuing to meet the priority needs of stakeholders, as determined by the Secretary. ; (E) in paragraph (5), by striking national streamgaging network each place it appears and inserting Federal priority streamgage network ; and (F) in paragraph (6)— (i) in subparagraph (A)— (I) by striking national streamflow information program and inserting Federal priority streamgage program ; and (II) by striking 2023 and inserting 2028 ; and (ii) in subparagraph (B), by striking $10,000,000 for each of fiscal years 2009 through 2019 and inserting $100,000,000 for each of fiscal years 2024 through 2031 ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (B), in the matter preceding clause (i), by striking and State and local water resource agencies and inserting , State and local water resource agencies, Indian tribes, Tribal organizations, and Native Hawaiian Communities ; and (ii) in subparagraph (C)— (I) by inserting or on Tribal land after within a State ; and (II) by inserting , Indian tribe, Tribal organization, or Native Hawaiian Community after water resource agency ; (B) in paragraph (6)— (i) by striking give priority to those activities and inserting the following: give priority to— (A) activities ; (ii) in subparagraph (A) (as so designated)— (I) by inserting , Indian tribe, Tribal organization, Native Hawaiian Community, after a State ; and (II) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) activities conducted in regions of the United States Geological Survey in which there is— (i) a high level of drought; (ii) a reliance on reservoirs for water storage; (iii) a reliance on hydrologic storage, including groundwater, aquifers, and snowpack; and (iv) flooding and extreme rainfall. ; and (C) in paragraph (7), by striking are authorized to be appropriated such sums as are necessary to carry out this subsection for the period of fiscal years 2009 through 2023 and inserting is authorized to be appropriated $4,000,000 to carry out this subsection for each of fiscal years 2023 through 2028 ; (3) by striking subsection (c); (4) by redesignating subsection (d) as subsection (c); and (5) in paragraph (4) of subsection (c) (as so redesignated), by striking 2019 and inserting 2028 .

August 1, 2024 Reported with an amendment