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H.R. 8810 — what changed

National Landslide Preparedness Act

From Introduced in House to Engrossed in House. 4 sections amended between Introduced in House and Engrossed in House.

Sec. 2 Definitions

In this Act:

(1)
3D— The term 3D means 3-dimensional.
(2)
3D elevation data—
(A)
changed 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 and freely associated states).territories).
(B)
Inclusions— The term 3D elevation data includes terrestrial and bathymetric elevation data.
(3)
changed 3D Elevation Program—elevation program— The term 3D Elevation Program means the 3D Elevation Program established under section 5(a).
(4)
removed Freely associated states— The term freely associated states means—
(A)
removed the Federated States of Micronesia;
(B)
removed the Republic of the Marshall Islands; and
(C)
removed the Republic of Palau.
(4)
renumbered was (7) IfSAR— The term IfSAR means interferometric synthetic aperture radar.
(5)
renumbered was (8) 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)
renumbered was (9) Lahar— The term lahar means a large debris flow of mostly volcanic material that is—
(A)
renumbered was (9)(3) often fast-moving; and
(B)
renumbered was (9)(4) a hazard in watersheds downstream of volcanic peaks.
(7)
renumbered was (10) LiDAR— The term LiDAR means light detection and ranging.
(8)
renumbered was (11) Secretary— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
(9)
renumbered was (12) State— The term State means—
(A)
renumbered was (12)(3) a State; and
(B)
renumbered was (12)(4) the District of Columbia.
(10)
renumbered was (13) 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)
renumbered was (13)(3) a State geological survey office;
(B)
renumbered was (13)(4) a State department of emergency response; and
(C)
renumbered was (13)(5) a State department of transportation.
(11)
renumbered was (14) Territory— The term territory means—
(A)
renumbered was (14)(3) the Commonwealth of Puerto Rico;
(B)
renumbered was (14)(4) Guam;
(C)
renumbered was (14)(5) American Samoa;
(D)
added the Commonwealth of the Northern Mariana Islands;
(E)
added the Federated States of Micronesia;
(F)
added the Republic of the Marshall Islands;
(G)
added the Republic of Palau; and
(D)
removed the Commonwealth of the Northern Mariana Islands; and
(H)
renumbered was (14)(7) 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)
changed in coordination with State offices, units of local government, territories, freely associated states, and Indian tribes—
(i)
changed establish working groups with State offices, units of local government, territories, freely associated states, 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)
changed 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 and freely associated states), 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)
changed National landslide hazards database— In carrying out the program, the Secretary, in coordination with State offices, units of local government, territories, freely associated states, 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)
changed 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, freely associated states, and Indian tribes, shall develop and disseminate—
(A)
changed landslide planning and risk reduction guidance, guidelines, maps, tools, and training materials to help inform State, territorial, freely associated state, 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)
changed State, territorial, freely associated state, local, and Tribal officials;
(ii)
changed Federal, State, territorial, freely associated state, 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)
changed developing procedures with State, territorial, freely associated state, 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)
changed 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, freely associated states, 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)
changed Interagency coordinating committee Coordinating Committee on landslide hazards—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)
changed Advisory committee—Committee—
(1)
changed 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”).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)
changed territories and freely associated states, territories, including territorial and freely associated state 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)
changed State, territorial, freely associated state, 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)
changed provide grants, on a competitive basis, to State, territorial, freely associated state, 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)
changed In general— The Secretary shall consult annually with the Committee, States, units of local government, territories, freely associated states, 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)
added 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)
added the grants; and
(ii)
added 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)
changed ways to reduce landslide hazards and risks to minimize loss of life and property, including landslide hazard and risk communication, perception, de­ci­sion­mak­ing, 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)
changed ensure that the grants are provided on a competitive basis; andbasis;
(ii)
changed consider grant applications submitted by eligible entities that have developed the application in partnership with one 1 or more State geological surveys.surveys; and
(iii)
added publish on a publicly available website a description of—
(I)
added the grants; and
(II)
added the findings made from those grants.
(f)
changed Biennial report— The Through calendar year 2030, the Secretary shall submit to Congress and publish on a publicly available website, a biennial report, including a description of, with respect to the 2-calendar-year period preceding 2 calendar years—the date of the report—
(1)
changed the goals and accomplishments of the Secretary and the agency heads described in subparagraphs (B) through (I) of subsection (c)(2) Committee in carrying out the national strategy developed under subsection (b)(2), expressed—(b)(2);
(A)
removed by agency, program, and budgetary resource; and
(B)
removed by the goals and priorities of the national strategy established under subsection (b)(2)(A);
(2)
changed the results of the activities of the Committee under this section;section; and
(3)
changed the extent to which any recommendations of the Advisory Committee under subsection (d)(3)(A) have been implemented;implemented.
(g)
added 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—
(4)
removed the grants provided under this section during the preceding 2 calendar years, including a description of—
(A)
removed each activity carried out using such a grant; and
(B)
removed the results of those activities; and
(5)
removed for each significant landslide event in the United States (including territories and freely associated states) during the preceding 2 calendar years—
(1)
renumbered was (7)(7)(2) a description of the landslide event and the implications of the event on communities, including life and property;
(2)
renumbered was (7)(7)(3) recommendations on how the identification of the landslide risk could have been improved prior to the event;
(3)
added 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;
(C)
removed a description of the effectiveness of any warning and risk communication, including the dissemination of warnings by State, territorial, freely associated state, local, and Tribal partners in the affected area;
(4)
renumbered was (7)(7)(5) recommendations to improve risk identification, reduction, and communication to landowners and units of local government;
(5)
renumbered was (7)(7)(6) recommendations to improve landslide hazard preparedness and emergency response activities under this section; and
(6)
renumbered was (7)(7)(7) such other findings as the Secretary determines appropriate.
(g)
removed Data for significant landslide events— Not later than 1 year after a significant landslide event in the United States (including territories and freely associated states), the Secretary shall publish the data described in subsection (f)(5) regarding that event on a publicly available website.
(h)
changed Funding— There is authorized to be appropriated to carry out this section $37,000,000 for For each of fiscal years 2021 through 2024, of which—2024—
(1)
changed $25,000,000 each fiscal year shall there is authorized to be made available appropriated to the United States Geological Survey;Survey, $25,000,000 to carry out this section;
(2)
changed $11,000,000 each fiscal year shall there is authorized to be made available appropriated to the National Science Foundation; Foundation, $11,000,000 to carry out this section; and
(3)
changed $1,000,000 each fiscal year shall there is authorized to be made available appropriated to the National Oceanic and Atmospheric Administration.Administration, $1,000,000 to carry out this section.
(i)
added Derivation of funds— Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated that are enacted after the date of the enactment of this section.

Sec. 4 Ground subsidence

changed As the Secretary determines to be appropriate and subject to appropriations, the Secretary, through existing programs, shall advance the identification, mapping, research, monitoring, restoration, and mitigation monitoring of subsidence and groundwater resource accounting, losses from subsidence, including saltwater intrusion, particularly in areas affected by drought and sea level rise.drought.

Sec. 5 3D Elevation Program

(a)
changed Establishment of 3D Elevation Program—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)
changed 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”), 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)
changed In general— The Secretary shall establish, within the National Geospatial Advisory Committee, a subcommittee (referred to in this subsection as the “Subcommittee”).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)
changed 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 publicly publically available and interoperable with other Federal datasets.
(e)
changed Authorization of appropriations—Funding— For each of the fiscal years 2021 through 2024, there is authorized out of funds to be appropriated to the Secretary $40,000,000 to carry out this section.
(f)
added 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.