Community Disaster Resilience Zones Act of 2022
Bill: S.3875 | Sponsor: Sen. Peters, Gary C. (D-MI)
Policy area: Emergency Management

Summary:
Community Disaster Resilience Zones Act of 2022
This act requires the President to continue to maintain a natural hazard assessment program that develops and maintains publicly available products to show the risk of natural hazards across the United States.
Such products shall show the risk of natural hazards and include ratings and data for loss exposure, social vulnerability, community resilience, and any other element determined by the President.
The President shall (1) review the underlying methodology of any product that is a natural hazard risk assessment and receive public input on the methodology and data used for the product, and (2) consider including additional data in any product that is a natural disaster hazard risk assessment. Additionally, the President must conduct such reviews to evaluate and update the assessments at least every five years.
Using the reviewed assessments, the President must periodically identify and designate community disaster resilience zones (CDRZs), which shall be (1) the 50 census tracts assigned the highest individual hazard risk ratings; and (2) in each state, not less than 1% of census tracts that are assigned a high individual risk rating, taking into consideration specified geographic balance.
The President may provide financial, technical, or other assistance to an eligible entity (a state, Indian tribal government, or local government) that plans to perform a resilience or mitigation project within, or that primarily benefits, a CDRZ.

[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;

[[Page 136 STAT. 2364]]

                    ``(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;

[[Page 136 STAT. 2365]]

                    ``(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

[[Page 136 STAT. 2366]]

        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--

[[Page 136 STAT. 2367]]

                          ``(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):
---------------------------------------------------------------------------

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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