---
kind: "section"
citation: "42 U.S.C. § 5136"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5136"
heading: "Natural hazard risk assessment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5136"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter II — Disaster Preparedness and Mitigation Assistance"
---

# §5136. Natural hazard risk assessment

- (a) **Definitions—** In this section:
  - (1) **Community disaster resilience zone—** The term “community [disaster](/usc/42/5204.md?p=2) resilience zone” means a census tract designated by the President under [subsection (d)(1)](#d-1).
  - (2) **Eligible entity—** The term “eligible entity” means—
    - (A) a [State](/usc/42/5122.md?p=4);
    - (B) an [Indian tribal government](/usc/42/5122.md?p=6); or
    - (C) a [local government](/usc/42/5122.md?p=8).
- (b) **Products—** The President shall continue to maintain a natural [hazard](/usc/42/5195a.md?p=a-1) assessment program that develops and maintains products that—
  - (1) are available to the public; and
  - (2) define natural [hazard](/usc/42/5195a.md?p=a-1) risk across the [United States](/usc/42/5122.md?p=3).
- (c) **Features—** The products maintained under [subsection (b)](#b) shall, for lands within [States](/usc/42/5195a.md?p=a-9) and areas under the jurisdiction of [Indian tribal governments](/usc/42/5122.md?p=6)—
  - (1) show the risk of natural [hazards](/usc/42/5195a.md?p=a-1); 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 designation—**
  - (1) **In general—** Not later than 30 days after the date on which the President makes the update and enhancement required under [subsection (e)(4)](#e-4), and not less frequently than every 5 years thereafter, the President shall identify and designate community [disaster](/usc/42/5204.md?p=2) resilience zones, which shall be—
    - (A) the 50 census tracts assigned the highest individual [hazard](/usc/42/5195a.md?p=a-1) risk ratings; and
    - (B) subject to [paragraph (3)](#d-3), in each [State](/usc/42/5122.md?p=4), not less than 1 percent of census tracts that are assigned high individual risk ratings.
  - (2) **Risk ratings—** In carrying out [paragraph (1)](#d-1), the President shall use census tract risk ratings derived from a product maintained under [subsection (b)](#b) that—
    - (A) reflect—
      - (i) high levels of individual [hazard](/usc/42/5195a.md?p=a-1) 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](/usc/42/5195a.md?p=a-1) risks identified for the respective census tracts.
  - (3) **Geographic balance—** In identifying and designating the community [disaster](/usc/42/5204.md?p=2) resilience zones described in [paragraph (1)(B)](#d-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](/usc/42/5122.md?p=4).
  - (4) **Duration—** The designation of a community [disaster](/usc/42/5204.md?p=2) resilience zone under [paragraph (1)](#d-1) shall be effective 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 natural [hazard](/usc/42/5195a.md?p=a-1) 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](/usc/42/5195a.md?p=a-1) 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;
    - (C) information relating to development, improvements, and [hazard](/usc/42/5195a.md?p=a-1) 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](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1); and
    - (F) other information relevant to prioritizing areas that have—
      - (i) high risk levels of—
        - (I) natural [hazard](/usc/42/5195a.md?p=a-1) loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and
        - (II) social vulnerability; and
      - (ii) low levels of community resilience;
  - (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under [subsection (b)](#b); and
  - (4) update and enhance the products maintained under [subsection (b)](#b), as necessary.
- (f) **Natural hazard risk assessment insights—** In determining additional data to include in products that are natural [hazard](/usc/42/5195a.md?p=a-1) risk assessments under [subsection (e)(2)](#e-2), the President shall consult with, at a minimum—
  - (1) the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1);
  - (2) the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture and the Chief of the Forest Service;
  - (3) the [Secretary](/usc/42/242q–4.md?p=2) of Commerce, the [Administrator](/usc/42/5195a.md?p=a-7) of the National Oceanic and Atmospheric Administration, the [Director](/usc/42/11851.md?p=5) of the Bureau of the Census, and the [Director](/usc/42/11851.md?p=5) of the National Institute of Standards and Technology;
  - (4) the [Secretary](/usc/42/242q–4.md?p=2) of [Defense](/usc/42/5195a.md?p=b) and the Commanding Officer of the [United States](/usc/42/5122.md?p=3) Army Corps of Engineers;
  - (5) the [Administrator](/usc/42/5195a.md?p=a-7) of the Environmental Protection [Agency](/usc/42/8262.md?p=1);
  - (6) the [Secretary](/usc/42/242q–4.md?p=2) of the Interior and the [Director](/usc/42/11851.md?p=5) of the [United States](/usc/42/5122.md?p=3) Geological Survey;
  - (7) the [Secretary](/usc/42/242q–4.md?p=2) of Housing and Urban Development; and
  - (8) the [Director](/usc/42/11851.md?p=5) of the Federal Housing Finance [Agency](/usc/42/8262.md?p=1).
- (g) **Community disaster resilience zone—** With respect to financial assistance provided under [section 5133(i) of this title](/usc/42/5133.md?p=i) to perform a resilience or mitigation [project](/usc/42/13641.md?p=2) within, or that primarily benefits, a community [disaster](/usc/42/5204.md?p=2) resilience zone, the President may increase the amount of the Federal share described under [section 5133(h) of this title](/usc/42/5133.md?p=h) to not more than 90 percent of the total cost of the resilience or mitigation [project](/usc/42/13641.md?p=2).
- (h) **Resilience or mitigation project planning assistance—**
  - (1) **In general—** The President may provide financial, technical, or other assistance under this subchapter to an eligible entity that plans to perform a resilience or mitigation [project](/usc/42/13641.md?p=2) within, or that primarily benefits, a community [disaster](/usc/42/5204.md?p=2) resilience zone.
  - (2) **Purpose—** The purpose of assistance provided under [paragraph (1)](#h-1) shall be to carry out activities in preparation for a resilience or mitigation [project](/usc/42/13641.md?p=2) or seek an evaluation and certification under [subsection (i)(2)](#i-2) for a resilience or mitigation [project](/usc/42/13641.md?p=2) before the date on which permanent work of the resilience or mitigation [project](/usc/42/13641.md?p=2) begins.
  - (3) **Application—** If required by the President, an eligible entity seeking assistance under [paragraph (1)](#h-1) shall submit an application in accordance with [subsection (i)(1)](#i-1).
  - (4) **Funding—** In providing assistance under [paragraph (1)](#h-1), the President may use amounts set aside under [section 5133(i) of this title](/usc/42/5133.md?p=i).
- (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 reasonably require.
  - (2) **Evaluation and certification—**
    - (A) **In general—** Not later than 120 days after the date on which an eligible entity submits an application under [paragraph (1)](#i-1), the President shall evaluate the application to determine whether the resilience or mitigation [project](/usc/42/13641.md?p=2) that the entity plans to perform within, or that primarily benefits, a community [disaster](/usc/42/5204.md?p=2) 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](/usc/42/5195a.md?p=a-6); 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 application submitted under [paragraph (1)](#i-1) meets the criteria described in [subparagraph (A)](#i-2-A), the President shall certify the proposed resilience or mitigation [project](/usc/42/13641.md?p=2).
    - (C) **Effect of certification—** The certification of a proposed resilience or mitigation [project](/usc/42/13641.md?p=2) under [subparagraph (B)](#i-2-B) shall not be construed to exempt the resilience or mitigation [project](/usc/42/13641.md?p=2) from the requirements of any other law.
  - (3) **Projects causing displacement—** With respect to a resilience or mitigation [project](/usc/42/13641.md?p=2) certified under [paragraph (2)(B)](#i-2-B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation [project](/usc/42/13641.md?p=2) 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](/usc/42/5195a.md?p=a-1) 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](/usc/42/13641.md?p=2)—
      - (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](/usc/42/13641.md?p=2).

## Source credit

(Pub. L. 93–288, title II, § 206, as added Pub. L. 117–255, § 3(a), Dec. 20, 2022, 136 Stat. 2363.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 117–255, § 3(c), Dec. 20, 2022, 136 Stat. 2367, provided that: “The amendments made by this Act [enacting 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, provided 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 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— the date on which those amounts are transferred to another source; and 3 years after the date of enactment of this Act [Dec. 20, 2022].”