[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3788 Reported in Senate (RS)]
<DOC>
Calendar No. 481
118th CONGRESS
2d Session
S. 3788
To reauthorize the National Landslide Preparedness Act, and for other
purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``National Landslide
Preparedness Act Reauthorization Act of 2024''.</DELETED>
<DELETED>SEC. 2. REAUTHORIZATION OF THE NATIONAL LANDSLIDE PREPAREDNESS
ACT.</DELETED>
<DELETED> (a) National Landslide Hazards Reduction Program.--Section
3(h) of the National Landslide Preparedness Act (43 U.S.C. 3102(h)) is
amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``2024'' and inserting ``2034''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Landslide Preparedness Act
Reauthorization Act of 2024''.
SEC. 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.
SEC. 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''.
SEC. 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:
``SECTION 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:
``SEC. 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.''.
SEC. 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''.
Calendar No. 481
118th CONGRESS
2d Session
S. 3788
_______________________________________________________________________
A BILL
To reauthorize the National Landslide Preparedness Act, and for other
purposes.
_______________________________________________________________________
August 1, 2024
Reported with an amendment