[117th Congress Public Law 255]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 2363]]
Public Law 117-255
117th Congress
An Act
To require the President to develop and maintain products that show the
risk of natural hazards across the United States, and for other
purposes. <<NOTE: Dec. 20, 2022 - [S. 3875]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Community
Disaster Resilience Zones Act of 2022. President. 42 USC 5121 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Disaster Resilience Zones
Act of 2022''.
SEC. 2. FINDINGS.
Section 101(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by adding ``; and'' at the end; and
(3) by adding at the end the following:
``(7) identifying and improving the climate and natural
hazard resilience of vulnerable communities.''.
SEC. 3. NATURAL HAZARD RISK ASSESSMENT.
(a) In General.--Title II of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by
adding at the end the following:
``SEC. 206. <<NOTE: 42 USC 5136.>> NATURAL HAZARD RISK
ASSESSMENT.
``(a) Definitions.--In this section:
``(1) Community disaster resilience zone.--The term
`community disaster resilience zone' means a census tract
designated by the President under subsection (d)(1).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an Indian tribal government; or
``(C) a local government.
``(b) Products.--The President shall continue to maintain a natural
hazard assessment program that develops and maintains products that--
``(1) are available to the public; and
``(2) define natural hazard risk across the United States.
``(c) Features.--The products maintained under subsection (b) shall,
for lands within States and areas under the jurisdiction of Indian
tribal governments--
``(1) show the risk of natural hazards; and
``(2) include ratings and data for--
``(A) loss exposure, including population
equivalence, buildings, and agriculture;
``(B) social vulnerability;
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``(C) community resilience; and
``(D) any other element determined by the President.
``(d) Community Disaster Resilience Zones Designation.--
``(1) <<NOTE: Deadlines.>> In general.--Not later than 30
days after the date on which the President makes the update and
enhancement required under subsection (e)(4), and not less
frequently than every 5 years thereafter, the President shall
identify and designate community disaster resilience zones,
which shall be--
``(A) the 50 census tracts assigned the highest
individual hazard risk ratings; and
``(B) subject to paragraph (3), in each State, not
less than 1 percent of census tracts that are assigned
high individual risk ratings.
``(2) Risk ratings.--In carrying out paragraph (1), the
President shall use census tract risk ratings derived from a
product maintained under subsection (b) that--
``(A) reflect--
``(i) high levels of individual hazard risk
ratings based on an assessment of the intersection
of--
``(I) loss to population
equivalence;
``(II) building value; and
``(III) agriculture value;
``(ii) high social vulnerability ratings and
low community resilience ratings; and
``(iii) any other elements determined by the
President; and
``(B) reflect the principal natural hazard risks
identified for the respective census tracts.
``(3) Geographic balance.--In identifying and designating
the community disaster resilience zones described in paragraph
(1)(B)--
``(A) for the purpose of achieving geographic
balance, when applicable, the President shall consider
making designations in coastal, inland, urban, suburban,
and rural areas; and
``(B) the President shall include census tracts on
Tribal lands located within a State.
``(4) Duration.--The designation of a community disaster
resilience zone under paragraph (1) shall be effective for a
period of not less than 5 years.
``(e) <<NOTE: Deadlines.>> Review and Update.--Not later than 180
days after the date of enactment of the Community Disaster Resilience
Zones Act of 2022, and not less frequently than every 5 years
thereafter, the President shall--
``(1) with respect to any product that is a natural hazard
risk assessment--
``(A) review the underlying methodology of the
product; and
``(B) receive public input on the methodology and
data used for the product;
``(2) consider including additional data in any product that
is a natural hazard risk assessment, such as--
``(A) the most recent census tract data;
``(B) data from the American Community Survey of the
Bureau of the Census, a successor survey, a similar
survey, or another data source, including data by census
tract on housing characteristics and income;
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``(C) information relating to development,
improvements, and hazard mitigation measures;
``(D) data that assesses past and future loss
exposure, including analysis on the effects of a
changing climate on future loss exposure;
``(E) data from the Resilience Analysis and Planning
Tool of the Federal Emergency Management Agency; and
``(F) other information relevant to prioritizing
areas that have--
``(i) high risk levels of--
``(I) natural hazard loss exposure,
including population equivalence,
buildings, infrastructure, and
agriculture; and
``(II) social vulnerability; and
``(ii) low levels of community resilience;
``(3) <<NOTE: Public information.>> make publicly available
any changes in methodology or data used to inform an update to a
product maintained under subsection (b); and
``(4) update and enhance the products maintained under
subsection (b), as necessary.
``(f) <<NOTE: Determination. Data. Consultation.>> Natural Hazard
Risk Assessment Insights.--In determining additional data to include in
products that are natural hazard risk assessments under subsection
(e)(2), the President shall consult with, at a minimum--
``(1) the Administrator of the Federal Emergency Management
Agency;
``(2) the Secretary of Agriculture and the Chief of the
Forest Service;
``(3) the Secretary of Commerce, the Administrator of the
National Oceanic and Atmospheric Administration, the Director of
the Bureau of the Census, and the Director of the National
Institute of Standards and Technology;
``(4) the Secretary of Defense and the Commanding Officer of
the United States Army Corps of Engineers;
``(5) the Administrator of the Environmental Protection
Agency;
``(6) the Secretary of the Interior and the Director of the
United States Geological Survey;
``(7) the Secretary of Housing and Urban Development; and
``(8) the Director of the Federal Housing Finance Agency.
``(g) Community Disaster Resilience Zone.--With respect to financial
assistance provided under section 203(i) to perform a resilience or
mitigation project within, or that primarily benefits, a community
disaster resilience zone, the President may increase the amount of the
Federal share described under section 203(h) to not more than 90 percent
of the total cost of the resilience or mitigation project.
``(h) Resilience or Mitigation Project Planning Assistance.--
``(1) In general.--The President may provide financial,
technical, or other assistance under this title to an eligible
entity that plans to perform a resilience or mitigation project
within, or that primarily benefits, a community disaster
resilience zone.
``(2) Purpose.--The purpose of assistance provided under
paragraph (1) shall be to carry out activities in preparation
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for a resilience or mitigation project or seek an evaluation and
certification under subsection (i)(2) for a resilience or
mitigation project before the date on which permanent work of
the resilience or mitigation project begins.
``(3) Application.--If required by the President, an
eligible entity seeking assistance under paragraph (1) shall
submit an application in accordance with subsection (i)(1).
``(4) Funding.--In providing assistance under paragraph (1),
the President may use amounts set aside under section 203(i).
``(i) Community Disaster Resilience Zone Project Applications.--
``(1) <<NOTE: Requirement.>> In general.--If required by
the President or other Federal law, an eligible entity shall
submit to the President an application at such time, in such
manner, and containing or accompanied by such information as the
President may reasonably require.
``(2) Evaluation and certification.--
``(A) <<NOTE: Deadline. Determination.>> In
general.--Not later than 120 days after the date on
which an eligible entity submits an application under
paragraph (1), the President shall evaluate the
application to determine whether the resilience or
mitigation project that the entity plans to perform
within, or that primarily benefits, a community disaster
resilience zone--
``(i) is designed to reduce injuries, loss of
life, and damage and destruction of property, such
as damage to critical services and facilities; and
``(ii) substantially reduces the risk of, or
increases resilience to, future damage, hardship,
loss, or suffering.
``(B) <<NOTE: Determination.>> Certification.--If
the President determines that an application submitted
under paragraph (1) meets the criteria described in
subparagraph (A), the President shall certify the
proposed resilience or mitigation project.
``(C) Effect of certification.--The certification of
a proposed resilience or mitigation project under
subparagraph (B) shall not be construed to exempt the
resilience or mitigation project from the requirements
of any other law.
``(3) Projects causing displacement.--With respect to a
resilience or mitigation project certified under paragraph
(2)(B) that involves the displacement of a resident from any
occupied housing unit, the entity performing the resilience or
mitigation project shall--
``(A) provide, at the option of the resident, a
suitable and habitable housing unit that is, with
respect to the housing unit from which the resident is
displaced--
``(i) of a comparable size;
``(ii) located in the same local community or
a community with reduced hazard risk; and
``(iii) offered under similar costs,
conditions, and terms;
``(B) ensure that property acquisitions resulting
from the displacement and made in connection with the
resilience or mitigation project--
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``(i) are deed restricted in perpetuity to
preclude future property uses not relating to
mitigation or resilience; and
``(ii) are the result of a voluntary decision
by the resident; and
``(C) plan for robust public participation in the
resilience or mitigation project.''.
(b) <<NOTE: Effective dates. 42 USC 5136 note.>> National Risk
Index Funding.--Nothing in section 206 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as added by subsection (a)
of this section, shall be construed to prohibit the Administrator of the
Federal Emergency Management Agency from using amounts available to
maintain and update the National Risk Index until the earlier of--
(1) the date on which those amounts are transferred to
another source; and
(2) 3 years after the date of enactment of this Act.
(c) <<NOTE: 42 USC 5136 note.>> Applicability.--The amendments made
by this Act shall only apply with respect to amounts appropriated on or
after the date of enactment of this Act.
Approved December 20, 2022.
LEGISLATIVE HISTORY--S. 3875 (H.R. 7242):
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HOUSE REPORTS: No. 117-609 (Comm. on Transportation and Infrastructure)
accompanying H.R. 7242.
SENATE REPORTS: No. 117-141 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Sept. 28, considered and passed Senate.
Dec. 5, 6, considered and passed House.
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