43 U.S.C. § 3102 — National Landslide Hazards Reduction Program
submitted 5 years ago by Pub. L. 116-323 to r/title-43-PUBLIC-LANDS · 1,894 words · no verdicts yet
This section creates the National Landslide Hazards Reduction Program. It assigns duties to the Secretary, creates coordinating and advisory committees, authorizes grants and reports, and provides funding authority.
(a) Establishment. The Secretary* must establish the National Landslide Hazards Reduction Program (the program). The program must identify and understand landslide hazards and risks; reduce losses from landslides; protect communities at risk; and improve communication and emergency preparedness, including coordination with communities and infrastructure entities at risk.
(b) Description of program. (1) Program activities. Working with the Interagency Coordinating Committee on Landslide Hazards (the Committee) and existing activities of the United States Geological Survey and other Federal agencies, the Secretary must identify, map, assess, and research landslide hazards; respond to landslide events; and, with State* offices, local governments, territories, and Indian tribes, establish working groups to identify regional and local priorities and develop and implement landslide-hazard guidelines for geologists, geological and geotechnical engineers, emergency-management personnel, and land-use and other decisionmakers.
(2) National strategy. Within 1 year after January 5, 2021, and every 5 years afterward, the Secretary, with the Committee, must develop and publish a national strategy for landslide hazards, risk reduction, and response in the United States, including its territories. The strategy must state program goals and priorities; priorities for data, research, communications, and risk management across relevant Federal agencies; and a detailed interagency implementation plan that considers national disaster-preparedness, response, and recovery frameworks and identifies the programs, projects, and budgets to be used.
(3) National database. The Secretary, with State offices, local governments, territories, and Indian tribes, must develop and maintain a publicly accessible national inventory database of landslide hazards and risks. The database must compile, maintain, standardize, and evaluate data about hazards and risks; effects on health and safety, the economy and infrastructure, and the environment; hazard stabilization; and reducing losses.
(4) Community preparedness. With the Secretaries of the Army, Commerce, Homeland Security, and Transportation and other relevant Federal agency heads, and after consulting State offices, local governments, territories, and Indian tribes, the Secretary must develop and distribute planning and risk-reduction guidance, guidelines, maps, tools, and training materials. These must help State, territorial, local, and Tribal governments and decisionmakers use hazard assessments, use the database, reduce losses, and find preparedness resources. The Secretary must also develop preparedness curricula and training modules for State, territorial, local, and Tribal officials; Federal, State, territorial, local, and Tribal emergency managers; and the National Guard.
(5) Debris-flow warning system. With the Secretaries of Commerce and Homeland Security, the Secretary must expand the early-warning system for debris flow by expanding the early-warning system for post-wildfire debris flow to include recently burned areas across the western United States; developing procedures with State, territorial, local, and Tribal governments to monitor stormwater drainage in areas with high debris-flow risk; and identifying high-risk debris-flow areas, such as recently burned land and potential lahar*-hazard areas.
(6) Emergency response. With the Secretary of Commerce, the Secretary of Homeland Security, other relevant Federal agencies, States, local governments, territories, and Indian tribes, the Secretary must establish and support procedures for quickly sending Federal scientists, equipment, and services to areas affected by a significant landslide. The procedures must support emergency response and responder safety, improve data collection, and advance research on the causes, effects, and reduction of hazards and risks.
(c) Interagency Coordinating Committee on Landslide Hazards. (1) A committee called the Interagency Coordinating Committee on Landslide Hazards is established. (2) Its members, or their designees, are the Secretary, who chairs it; the Secretaries of Agriculture, the Army, Commerce, Homeland Security, and Transportation; and the Directors of the National Science Foundation, the Office of Science and Technology Policy, and the Office of Management and Budget. (3) The Committee meets when the Chairperson calls it. (4) It must advise and oversee the program; facilitate communication and coordination across Federal agencies in planning, managing, budgeting, and carrying out landslide activities; and support development and execution of the national strategy, including national goals and priorities, agency roles, responsibilities, and resources, and oversight of implementation.
(d) Advisory Committee. (1) The Secretary must establish an Advisory Committee on Landslides (the Advisory Committee). (2) It must have at least 11 members. None may be an individual described in 5 U.S.C. § 7342(a)(1)(A) through (F). Members must represent States and State geological organizations; territories and territorial geological organizations; Indian tribes and Tribal geological organizations; research institutions and institutions of higher education that are qualified to provide advice about landslide hazard and risk reduction and to represent related scientific, architectural, engineering, and planning disciplines; industry standards organizations; and State, territorial, local, and Tribal emergency-management agencies. (3) The Advisory Committee must give the Committee recommendations about carrying out the program, including hazard and risk reduction and planning, community tools, research, and other topics it considers appropriate. The Secretary and the agency heads listed in subsection (c)(2)(B) through (I) must consider those recommendations.
(e) Grant programs. (1) Cooperative mapping and assessment. Subject to appropriations, the Secretary may competitively grant money to State, territorial, local, and Tribal governments to research, map, assess, and collect data about hazards in their jurisdictions. The Secretary may accept and use funds from other Federal and non-Federal partners to advance the purposes of the program. Each year the Secretary must consult the Committee, States, local governments, territories, and Indian tribes to set grant priorities. Grant priority goes to projects that produce the greatest reduction in hazards and risks; reflect the national strategy; have at least 50 percent of their total cost matched by non-Federal sources; and include enhanced elevation data consistent with the 3D Elevation Program*. If the Secretary offers these grants, the Secretary must post a description of the grants and their findings on a public website. (2) National research grants. Subject to appropriations, the National Science Foundation Director may grant eligible entities money for research advancing the national strategy, including research on landslide causes, mechanisms, triggers, hydrology, and geology; ways to reduce hazards and risks and minimize loss of life and property, including communication, perception, decisionmaking, tools, and technology; and other strategy goals and priorities. The Director decides eligibility. Grants must be competitive. The Director must consider applications developed with one or more State geological surveys and post descriptions of grants and their findings on a public website.
(f) Biennial report. Through calendar year 2030, the Secretary must send Congress a report every 2 years describing, for the preceding 2 calendar years, the Committee’s goals and accomplishments in carrying out the national strategy, the results of its activities under this section, and how much of the Advisory Committee’s recommendations were implemented.
(g) Significant events. Within 1 year after a significant landslide in the United States or its territories, the Secretary must post on a public website a description of the event and its effects on communities, life, and property; recommendations for improving identification of the risk before the event; a description of how effective any warning and risk communication was, including warnings distributed by affected State, territorial, local, and Tribal partners; recommendations for improving risk identification, reduction, and communication to landowners and local governments; recommendations for improving preparedness and emergency response; and other findings the Secretary considers appropriate.
(h) Funding. For each fiscal year 2021 through 2024, Congress authorizes appropriations of $25,000,000 to the United States Geological Survey, $11,000,000 to the National Science Foundation, and $1,000,000 to the National Oceanic and Atmospheric Administration to carry out this section.
(i) Derivation of funds. Money for activities under this section must come from amounts authorized to be appropriated and enacted after this section was enacted.
The Secretary* shall establish a program, to be known as the “National Landslide Hazards Reduction Program” (referred to in this section as the “program”)—
to identify and understand landslide hazards and risks;
to reduce losses from landslides;
to protect communities at risk of landslide hazards; and
to help improve communication and emergency preparedness, including by coordinating with communities and entities responsible for infrastructure that are at risk of landslide hazards.
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—
identify, map, assess, and research landslide hazards;
respond to landslide events; and
in coordination with State* offices, units of local government, territories, and Indian tribes—
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
develop and implement landslide hazard guidelines for—
geologists;
geological and geotechnical engineers;
emergency management personnel; and
land use and other decisionmakers.
Not later than 1 year after January 5, 2021, 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—
goals and priorities for the program;
priorities for data acquisition, research, communications, and risk management on landslides and landslide hazards across relevant Federal agencies; and
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.
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—
landslide hazards and risks;
the impact of landslides on—
health and safety;
the economy and infrastructure; and
the environment;
landslide hazard stabilization; and
reduction of losses from landslides.
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—
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—
the use and implementation of landslide hazard assessments;
the applied use of the database developed under paragraph (3);
reducing losses from landslides; and
resources available for communities working to improve landslide hazard preparedness; and
landslide preparedness curricula and training modules for—
State, territorial, local, and Tribal officials;
Federal, State, territorial, local, and Tribal emergency managers; and
the National Guard.
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—
expanding the early warning system for post-wildfire debris flow to include recently burned areas across the western United States;
developing procedures with State, territorial, local, and Tribal governments to monitor stormwater drainage in areas with high debris flow risk; and
identifying high-risk debris flow areas, such as recently burned land and potential lahar* hazard areas.
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—
to support emergency response efforts and improve the safety of emergency responders;
to improve data collection; and
to conduct research to advance the understanding of the causes, impacts, and reduction of landslide hazards and risks.
There is established a committee, to be known as the “Interagency Coordinating Committee on Landslide Hazards”.
The Committee shall be composed of the following members (or their designees):
The Secretary, who shall serve as Chairperson of the Committee.
The Secretary of Agriculture.
The Secretary of the Army.
The Secretary of Commerce.
The Secretary of Homeland Security.
The Secretary of Transportation.
The Director of the National Science Foundation.
The Director of the Office of Science and Technology Policy.
The Director of the Office of Management and Budget.
The Committee shall meet at the call of the Chairperson.
The Committee shall—
advise and oversee the program;
facilitate communication and coordination across Federal agencies in the planning, management, budgeting, and execution of landslide activities; and
support the development and execution of the national strategy under subsection (b)(2), including by—
supporting the development of national goals and priorities for the national strategy;
articulating Federal agency roles, responsibilities, and resources for carrying out the national strategy; and
overseeing the implementation of the national strategy.
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”).
The Advisory Committee shall be composed of not fewer than 11 members—
of whom none may be an individual described in any of subparagraphs (A) through (F) of section 7342(a)(1) of title 5; and
who shall be representatives of—
States, including State geological organizations;
territories, including territorial geological organizations;
Indian tribes, including Tribal geological organizations;
research institutions and institutions of higher education that are qualified—
to provide advice regarding landslide hazard and risk reduction; and
to represent related scientific, architectural, engineering, and planning disciplines;
industry standards development organizations; and
State, territorial, local, and Tribal emergency management agencies.
The Advisory Committee shall submit to the Committee recommendations for the implementation of the program, including recommendations regarding—
landslide hazard and risk reduction and planning;
tools for communities;
research; and
such other topics as the Advisory Committee determines appropriate.
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).
Subject to appropriations, the Secretary may—
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
accept and use funds received from other Federal and non-Federal partners to advance the purposes of the program.
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.
In providing grants under this paragraph, the Secretary shall give priority to projects—
that will achieve the greatest landslide hazard and risk reduction;
that reflect the goals and priorities of the national strategy established under subsection (b)(2)(A);
not less than 50 percent of the total cost of which is matched by non-Federal sources; and
that include acquisition of enhanced elevation data consistent with the 3D Elevation Program*.
If the Secretary elects to provide grants under subparagraph (A)(i), the Secretary shall publish on a publicly available website a description of—
the grants; and
the findings made from those grants.
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—
the causes, mechanisms, triggers, hydrology, and geology of landslides;
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
other goals and priorities of the national strategy established under subsection (b)(2)(A).
The Director shall determine whether an entity is eligible to receive a grant under this paragraph.
In providing grants under this paragraph, the Director shall—
ensure that the grants are provided on a competitive basis;
consider grant applications submitted by eligible entities that have developed the application in partnership with 1 or more State geological surveys; and
publish on a publicly available website a description of—
the grants; and
the findings made from those grants.
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—
the goals and accomplishments of the Committee in carrying out the national strategy developed under subsection (b)(2);
the results of the activities of the Committee under this section; and
the extent to which any recommendations of the Advisory Committee under subsection (d)(3)(A) have been implemented.
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—
a description of the landslide event and the implications of the event on communities, including life and property;
recommendations on how the identification of the landslide risk could have been improved prior to the event;
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;
recommendations to improve risk identification, reduction, and communication to landowners and units of local government;
recommendations to improve landslide hazard preparedness and emergency response activities under this section; and
such other findings as the Secretary determines appropriate.
For each of fiscal years 2021 through 2024—
there is authorized to be appropriated to the United States Geological Survey, $25,000,000 to carry out this section;
there is authorized to be appropriated to the National Science Foundation, $11,000,000 to carry out this section; and
there is authorized to be appropriated to the National Oceanic and Atmospheric Administration, $1,000,000 to carry out this section.
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.
Source credit: (Pub. L. 116–323, § 3, Jan. 5, 2021, 134 Stat. 5076.)
- 2021Enacted · Pub. L. 116-323 · 134 Stat. 5076
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-323 on 2021-01-05.
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