National Landslide Preparedness Act

134 STAT. 5075 PUBLIC LAW 116–323—JAN. 5, 2021 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. 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 terri- tories). (B) INCLUSIONS.—The term ‘‘3D elevation data’’ includes terrestrial and bathymetric elevation data. (3) 3D ELEVATION PROGRAM.—The term ‘‘3D Elevation Pro- gram’’ means the 3D Elevation Program established under sec- tion 5(a). (4) IFSAR.—The term ‘‘IfSAR’’ means interferometric syn- thetic 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, map- ping, assessment, and research of landslide hazards or responding to landslide events, including— 43 USC 3101. 43 USC 3101 note. National Landslide Preparedness Act. Jan. 5, 2021 [H.R. 8810] VerDate Sep 11 2014 08:00 Mar 30, 2021 Jkt 019139 PO 00323 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL323.116 PUBL323 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 5076 PUBLIC LAW 116–323—JAN. 5, 2021 (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 Pro- gram’’ (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 land- slide 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 haz- ards; (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 guide- lines 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; Deadline. Time period. Coordination. Publication. Guidelines. Assessment. Coordination. Assessment. Coordination. State and local governments. Territories. Native Americans. 43 USC 3102. VerDate Sep 11 2014 08:00 Mar 30, 2021 Jkt 019139 PO 00323 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL323.116 PUBL323 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 5077 PUBLIC LAW 116–323—JAN. 5, 2021 (B) priorities for data acquisition, research, commu- nications, 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 land- slide 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 Sec- retary of Transportation, and the heads of other relevant Fed- eral 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 mod- ules 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-wild- fire 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 Procedures. Coordination. Coordination. Consultation. Coordination. Public information. Evaluation. Plan. VerDate Sep 11 2014 08:00 Mar 30, 2021 Jkt 019139 PO 00323 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL323.116 PUBL323 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 5078 PUBLIC LAW 116–323—JAN. 5, 2021 (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 deploy- ment 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 Land- slide 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 Tech- nology 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, responsibil- ities, 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 Land- slides’’ (referred to in this subsection as the ‘‘Advisory Com- mittee’’). Establishment. Establishment. Coordination. VerDate Sep 11 2014 08:00 Mar 30, 2021 Jkt 019139 PO 00323 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL323.116 PUBL323 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 5079 PUBLIC LAW 116–323—JAN. 5, 2021 (2) MEMBERSHIP.—The Advisory Committee shall be com- posed 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, architec- tural, 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 plan- ning; (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 sub- section (c)(2) shall take into consideration any recommenda- tion of the Advisory Committee submitted under subpara- graph (A). (e) GRANT PROGRAMS.— (1) COOPERATIVE LANDSLIDE HAZARD MAPPING AND ASSESS- MENT PROGRAM.— (A) IN GENERAL.—Subject to appropriations, the Sec- retary 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 Fed- eral 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— Consultation. VerDate Sep 11 2014 08:00 Mar 30, 2021 Jkt 019139 PO 00323 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL323.116 PUBL323 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 5080 PUBLIC LAW 116–323—JAN. 5, 2021 (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 ele- vation data consistent with the 3D Elevation Pro- gram. (C) REQUIREMENT.—If the Secretary elects to provide grants under subparagraph (A)(i), the Secretary shall pub- lish 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 land- slide 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 pr [Text truncated for display. Full text available on Congress.gov.]