33 U.S.C. § 3204

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 3204 - National tsunami hazard mitigation program
(a) Program required

The Administrator, in coordination with the Administrator of the Federal Emergency Management Agency and the heads of such other agencies as the Administrator considers relevant, shall conduct a community-based tsunami hazard mitigation program to improve tsunami preparedness and resiliency of at-risk areas in the United States and the territories of the United States.

(b) Coordinating committee

In conducting the program under this section, the Administrator shall establish a coordinating committee comprising representatives of Federal, State, local, and tribal government officials. The Administrator may establish subcommittees to address region-specific issues. The committee shall-

(1) recommend how funds appropriated for carrying out the program under this section will be allocated;
(2) ensure that areas described in section 3203(c) of this title in the United States and its territories can have the opportunity to participate in the program;
(3) provide recommendations to the National Weather Service on how to improve the TsunamiReady program, particularly on ways to make communities more tsunami resilient through the use of inundation maps and other mitigation practices; and
(4) ensure that all components of the program are integrated with ongoing hazard warning and risk management activities, emergency response plans, and mitigation programs in affected areas, including integrating information to assist in tsunami evacuation route planning.
(c) Program components

The Program conducted under subsection (a) shall include the following:

(1) Technical and financial assistance to coastal States, territories, tribes, and local governments to develop and implement activities under this section.
(2) Integration of tsunami preparedness and mitigation programs into ongoing State-based hazard warning, resilience planning, and risk management activities, including predisaster planning, emergency response, evacuation planning, disaster recovery, hazard mitigation, and community development and redevelopment planning programs in affected areas.
(3) Coordination with other Federal preparedness and mitigation programs to leverage Federal investment, avoid duplication, and maximize effort.
(4) Activities to promote the adoption of tsunami resilience, preparedness, warning, and mitigation measures by Federal, State, territorial, tribal, and local governments and nongovernmental entities, including educational and risk communication programs to discourage development in high-risk areas.
(5) Activities to support the development of regional tsunami hazard and risk assessments. Such regional risk assessments may include the following:
(A) The sources, sizes, and other relevant historical data of tsunami in the region, including paleotsunami data.
(B) Inundation models and maps of critical infrastructure and socioeconomic vulnerability in areas subject to tsunami inundation.
(C) Maps of evacuation areas and evacuation routes, including, when appropriate, traffic studies that evaluate the viability of evacuation routes.
(D) Evaluations of the size of populations that will require evacuation, including populations with special evacuation needs.
(E) Evaluations and technical assistance for vertical evacuation structure planning for communities where models indicate limited or no ability for timely evacuation, especially in areas at risk of near shore generated tsunami.
(F) Evaluation of at-risk ports and harbors.
(G) Evaluation of the effect of tsunami currents on the foundations of closely-spaced, coastal high-rise structures.
(6) Activities to promote preparedness in at-risk ports and harbors, including the following:
(A) Evaluation and recommendation of procedures for ports and harbors in the event of a distant or near-field tsunami.
(B) A review of readiness, response, and communication strategies to ensure coordination and data sharing with the Coast Guard.
(7) Activities to support the development of community-based outreach and education programs to ensure community readiness and resilience, including the following:
(A) The development, implementation, and assessment of technical training and public education programs, including education programs that address unique characteristics of distant and near-field tsunami.
(B) The development of decision support tools.
(C) The incorporation of social science research into community readiness and resilience efforts.
(D) The development of evidence-based education guidelines.
(8) Dissemination of guidelines and standards for community planning, education, and training products, programs, and tools, including-
(A) standards for-
(i) mapping products;
(ii) inundation models; and
(iii) effective emergency exercises; and
(B) recommended guidance for at-risk port and harbor tsunami warning, evacuation, and response procedures in coordination with the Coast Guard and the Federal Emergency Management Agency.
(d) Authorized activities

In addition to activities conducted under subsection (c), the program conducted under subsection (a) may include the following:

(1) Multidisciplinary vulnerability assessment research, education, and training to help integrate risk management and resilience objectives with community development planning and policies.
(2) Risk management training for local officials and community organizations to enhance understanding and preparedness.
(3) In coordination with the Federal Emergency Management Agency, interagency, Federal, State, tribal, and territorial intergovernmental tsunami response exercise planning and implementation in high risk areas.
(4) Development of practical applications for existing or emerging technologies, such as modeling, remote sensing, geospatial technology, engineering, and observing systems, including the integration of tsunami sensors into Federal and commercial submarine telecommunication cables if practicable.
(5) Risk management, risk assessment, and resilience data and information services, including-
(A) access to data and products derived from observing and detection systems; and
(B) development and maintenance of new integrated data products to support risk management, risk assessment, and resilience programs.
(6) Risk notification systems that coordinate with and build upon existing systems and actively engage decisionmakers, State, local, tribal, and territorial governments and agencies, business communities, nongovernmental organizations, and the media.
(e) No preemption with respect to designation of at-risk areas

The establishment of national standards for inundation models under this section shall not prevent States, territories, tribes, and local governments from designating additional areas as being at risk based on knowledge of local conditions.

(f) No new regulatory authority

Nothing in this chapter may be construed as establishing new regulatory authority for any Federal agency.

33 U.S.C. § 3204

Pub. L. 109-424, §5, Dec. 20, 2006, 120 Stat. 2906; Pub. L. 109-479, title VIII, §805, Jan. 12, 2007, 120 Stat. 3657; Pub. L. 115-25, title V, §§505(a), (b), Apr. 18, 2017, 512, Apr. 18, 2017, 131 Stat. 121, 128.

EDITORIAL NOTES

CODIFICATION Pub. L. 109-424 and title VIII of Pub. L. 109-479 enacted substantially identical sections. Pub. L. 109-424 was repealed by section 512(a) of Pub. L. 115-25.

AMENDMENTS2017-Subsec. (a). Pub. L. 115-25, §505(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Administrator, through the National Weather Service and in consultation with other relevant Administration offices, shall conduct a community-based tsunami hazard mitigation program to improve tsunami preparedness of at-risk areas in the United States and its territories."Subsecs. (c) to (f). Pub. L. 115-25, §505(b), added subsecs. (c) to (f) and struck out former subsecs. (c) and (d) which related to program components and provided a savings clause, respectively.

Administration
The term "Administration" means the National Oceanic and Atmospheric Administration.
Administrator
The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.