42 U.S.C. § 5136 — Natural hazard risk assessment

Page 6370 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5136 AMENDMENTS 2022—Subsec. (d)(2)(C). Pub. L. 117–328, § 540(1)(A), struck out subpar. (C) which read as follows: ‘‘capital- ization grants to insular areas under paragraph (4).’’ Subsec. (d)(3)(D). Pub. L. 117–328, § 540(1)(B), sub- stituted ‘‘local governments and Tribal governments’’ for ‘‘local governments, insular areas, and Indian tribal governments’’. Subsec. (d)(4). Pub. L. 117–328, § 540(1)(C), struck out par. (4), which related to insular areas. Subsec. (m)(3). Pub. L. 117–328, § 540(2)(A), added par. (3) and struck out former par. (3), which defined ‘‘eligi- ble entity’’. Subsec. (m)(5) to (11). Pub. L. 117–328, § 540(2)(B)–(D), redesignated pars. (6) to (9) as (5) to (8), respectively, and par. (11) as (9), and struck out former pars. (5) and (10), which defined ‘‘insular area’’ and ‘‘State’’, respec- tively. § 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 devel- ops 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; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designa- tion (1) In general Not later than 30 days after the date on which the President makes the update and en- hancement 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 high- est 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 commu- nity 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, in- land, 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 re- silience zone under paragraph (1) shall be ef- fective for a period of not less than 5 years. (e) Review and update Not later than 180 days after December 20, 2022, and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a nat- ural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the method- ology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assess- ment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a suc- cessor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation meas- ures; (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, in- cluding population equivalence, build- ings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; Page 6371 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5136 (3) 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 main- tained under subsection (b), as necessary. (f) Natural hazard risk assessment insights In determining additional data to include in products that are natural hazard risk assess- ments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emer- gency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Adminis- trator of the National Oceanic and Atmos- pheric Administration, the Director of the Bu- reau of the Census, and the Director of the Na- tional Institute of Standards and Technology; (4) the Secretary of Defense and the Com- manding 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 Di- rector of the United States Geological Survey; (7) the Secretary of Housing and Urban De- velopment; and (8) the Director of the Federal Housing Fi- nance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 5133(i) of this title to perform a re- silience or mitigation project within, or that primarily benefits, a community disaster resil- ience zone, the President may increase the amount of the Federal share described under section 5133(h) of this title to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning as- sistance (1) In general The President may provide financial, tech- nical, or other assistance under this sub- chapter to an eligible entity that plans to per- form a resilience or mitigation project within, or that primarily benefits, a community dis- aster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or miti- gation project before the date on which perma- nent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible enti- ty seeking assistance under paragraph (1) shall submit an application in accordance with sub- section (i)(1). (4) Funding In providing assistance under paragraph (1), the President may use amounts set aside under section 5133(i) of this title. (i) Community disaster resilience zone project applications (1) 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 reason- ably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an applica- tion 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 dis- aster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of prop- erty, 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) Certification If the President determines that an appli- cation submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed re- silience 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 re- silience or mitigation project from the re- quirements 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 per- forming 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, condi- tions, and terms; (B) ensure that property acquisitions re- sulting from the displacement and made in connection with the resilience or mitigation project— (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. Page 6372 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5136a (Pub. L. 93–288, title II, § 206, as added Pub. L. 117–255, § 3(a), Dec. 20, 2022, 136 Stat. 2363.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–255, § 3(c), Dec. 20, 2022, 136 Stat. 2367, pro- vided that: ‘‘The amendments made by this Act [enact- ing this section and amending section 5121 of this title] shall only apply with respect to amounts appropriated on or after the date of enactment of this Act [Dec. 20, 2022].’’ NATIONAL RISK INDEX FUNDING Pub. L. 117–255, § 3(b), Dec. 20, 2022, 136 Stat. 2367, pro- vided that: ‘‘Nothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5136], as added by subsection (a) of this sec- tion, 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 trans- ferred to another source; and ‘‘(2) 3 years after the date of enactment of this Act [Dec. 20, 2022].’’ § 5136a. Assistance and training for communities with technological hazards and related emerging threats (a) In general The Administrator shall maintain the capac- ity to provide States, local, and Indian Tribal governments with technological hazards and re- lated emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats. (b) Authorities The Administrator shall carry out subsection (a) in accordance with— (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (2) section 5196g of this title; and (3) the Post-Katrina Emergency Manage- ment Reform Act of 2006 (Public Law 109–295; 120 Stat. 1394). (c) Assessment and notification In carrying out subsection (a), the Adminis- trator shall— (1) use any available and appropriate multi- hazard risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological hazard in each State; and (2) ensure each State and Indian Tribal gov- ernment is aware of— (A) the communities identified under para- graph (1); and (B) the availability of programming under this section for— (i) technological hazards and related emerging threats preparedness; and (ii) building community capability. (d) Report Not later than 1 year after December 23, 2022, and annually thereafter, the Administrator shall submit to the Committee on Homeland Se- curity and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Re- sources of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the House of Representa- tives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report relating to— (1) actions taken to implement this section; and (2) technological hazards and related emerg- ing threats preparedness programming pro- vided under this section during the 1-year pe- riod preceding the date of submission of the report. (e) Consultation The Secretary of Homeland Security may seek continuing input relating to technological haz- ards and related emerging threats preparedness needs by consulting State, Tribal, territorial, and local emergency services organizations and private sector stakeholders. (f) Coordination The Secretary of Homeland Security shall co- ordinate with the Secretary of Energy relating to technological hazard preparedness and train- ing for a hazard that could result from activities or facilities authorized or licensed by the De- partment of Energy. (g) Non-duplication of effort In carrying out activities under subsection (a), the Administrator shall ensure that such activi- ties do not unnecessarily duplicate efforts of other Federal departments or agencies, includ- ing programs within the Department of Health and Human Services. (Pub. L. 117–263, div. G, title LXXIII, § 7313, Dec. 23, 2022, 136 Stat. 3689.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (b)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. The Post-Katrina Emergency Management Reform Act of 2006, referred to in subsec. (b)(3), is title VI of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1394. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 6, Domestic Se- curity, and Tables. CODIFICATION Section was enacted as part of the Technological Haz- ards Preparedness and Training Act of 2022 and as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 117–263, div. G, title LXXIII, § 7315, Dec. 23, 2022, 136 Stat. 3691, provided that: ‘‘Nothing in this sub-