State Sovereignty and Adaptive Resilience Act | Gregory Burgess · CA-2
119th Congress · H.R. ____ · SSARA · 7 Titles · All Voluntary

State Sovereignty and Adaptive Resilience Act Build Before the Flood. States Decide How.

Every dollar spent before a disaster saves multiple dollars in recovery. This bill creates self-replenishing loan funds in every state — for seawalls, flood reservoirs, wildfire breaks, and drought-proof water systems — with states in complete control of how the money is used. No zoning mandates. No density rules. No strings on land use. Ever.

$50B
Trust Fund cap
100M
Americans in disaster-vulnerable areas
$34T
National debt — why we can't keep reacting
20%
State match required
$0
Added to the deficit
↓ Read the bill
★ Sec. 2: Congressional Findings

Four Facts That Wrote This Bill.

The bill opens with eight congressional findings. Four of them tell you everything you need to know about why we need a completely different approach to climate risk and disaster spending in America.

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Unavoidable
Floods, wildfires, drought, and sea level rise are coming regardless of what we do now
Global greenhouse gas emissions keep rising despite decades of negotiations. The United States faces physical threats from climate change no matter how much future mitigation succeeds. The bill says this directly in Finding 2. The question is no longer only "how do we prevent it" — it's also "how do we protect people from what's already coming."
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Multiple
Dollars saved for every dollar invested before a disaster hits
The science on this is consistent: pre-disaster resilience investments save multiple times their cost in avoided disaster recovery expenses. Yet the current system spends most money after disasters happen — cleaning up, rebuilding, and paying for preventable losses. The bill is designed to flip that equation.
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Inefficient
Centralized reactive federal disaster management wastes taxpayer funds
Finding 3 says it plainly: centralized, reactive federal disaster management has resulted in inefficient use of taxpayer funds. Local and state governments know their risks — their coasts, their rivers, their fire corridors — far better than federal agencies do. The bill puts money where the knowledge is.
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National debt — why this bill must pay for itself
The national debt exceeds $34 trillion, and interest costs pose long-term sovereign risk. That's why this bill is fully offset — rescinding unobligated federal balances from programs that already exist, then recycling loan repayments into new loans indefinitely. No new borrowing. No deficit spending. The fund pays for itself after initial capitalization.
★ Title II: State Resilience Revolving Loan Funds

One Loan Becomes Dozens of Projects. Forever.

The genius of a revolving loan fund is that the money never runs out. A state borrows from the fund, builds a project, repays the loan, and that money goes back into the fund to lend to the next community. Loan repayments plus interest keep the fund self-replenishing in perpetuity — long after the original federal investment.

Here's how it works: Congress capitalizes the Resilience Trust Fund (up to $50 billion) from rescinded unobligated federal balances. That money flows as capitalization grants to every state that chooses to participate. States then use their funds to make low-interest or zero-interest loans to cities, counties, tribal governments, and public authorities for resilience projects.

When the city repays the loan, the money goes right back into the state fund — ready to lend to the next community. States can also use fund money to guarantee bonds, backstop public-private partnerships, or provide credit enhancements for projects that need private financing.

For the most vulnerable communities, loans can go even further: states can offer principal forgiveness, negative interest loans, or outright grants — up to 30% of their capitalization grant — for disadvantaged communities or nature-based solutions. The poorest communities with the highest risk get the most help.

States submit an Intended Use Plan (IUP) describing their goals and project priorities. The federal government must give maximum deference to state choices — FEMA cannot reject an IUP just because it disagrees with a project selection.

Fund cap (aggregate)$50,000,000,000
State match required20% from non-federal sources
Max loan term30 years or useful project life
Loan interest rateAt or below market · can be 0%
Admin cost cap2% of fund
Max subsidy for disadvantaged communities30% of capitalization grants
★ How the Revolving Fund Works — Step by Step
1
Federal Capitalization Grant
Congress transfers rescinded unobligated federal funds to the Resilience Trust Fund. States apply for capitalization grants — the seed money for their own state revolving fund.
2
State Adds 20% Match
Each state deposits at least 20% of the federal grant from non-federal sources. For every $100M federal grant, the state adds at least $20M — making the state a real partner, not just a recipient.
3
State Makes Loans to Local Projects
Cities, counties, tribal governments, and public authorities apply for low or zero-interest loans. The state chooses which projects to fund based on its own Intended Use Plan — no federal approval required for individual projects.
4
Projects Get Built
Seawalls, wetland restoration, flood reservoirs, dam modernization, wildfire fuel breaks, aquifer recharge systems — whatever the community most needs, with a required dedicated revenue source for repayment.
5
Repayments Refill the Fund — Forever
Loan repayments plus interest go back into the state fund. The fund cannot revert to the state general fund — it stays dedicated to resilience projects in perpetuity. One federal investment, decades of projects.
★ Title III: Coastal State Adaptation

Protecting Every Mile of Coast — Naturally First.

Coastal states get allocations based on a weighted formula: how much shoreline they have, how many people live in the floodplain, their National Risk Index score, their Social Vulnerability Index, and their history of flood losses. The most exposed and least resourced communities get the most help.

The bill puts nature-based solutions first in the priority order. Mangroves, oyster reefs, tidal wetlands, and sand dunes are eligible for the lowest-cost financing — zero or very low interest — because they deliver multiple benefits at once: they absorb wave energy, filter water, store carbon, and build over time instead of degrading.

Hard infrastructure — seawalls, levees, tide gates, flood barriers, and pumping stations — are also fully eligible for loans. Sometimes engineering is the right answer. The bill doesn't pick one approach over another; communities and states decide based on their specific situation.

One of the most important tools: voluntary strategic realignment. For properties that flood repeatedly and are likely to flood again, states can use fund money to acquire properties from willing sellers, move residents to safer ground, and permanently dedicate that land to open space. This stops the cycle of repeated federal disaster payouts for the same properties.

Every coastal state receiving funds must develop a Peril of Flood component in its hazard mitigation plan — identifying flood and sea level rise areas and describing risk reduction principles. But the specific strategies are entirely at state discretion. FEMA cannot require any particular zoning change or land-use rule as a condition.

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Nature-Based Solutions — Priority (Sec. 302.1)
Restoration of mangroves, oyster reefs, tidal wetlands, and sand dunes. Eligible for zero-interest financing and additional subsidization. These living systems protect coastlines while growing stronger over time — and they don't need to be rebuilt after every storm.
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Hard Infrastructure (Sec. 302.2)
Seawalls, levees, tide gates, flood barriers, and pumping stations. Fully eligible for fund loans. When engineering is the right answer for a community's specific geography and risk profile, the money is there.
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Strategic Realignment (Sec. 302.3)
Voluntary property acquisition in repetitively flooded zones. Land is permanently dedicated to open space — stopping the cycle of flooding, federal payout, rebuilding, flooding again. No property is taken without the owner's agreement.
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Elevation (Sec. 302.4)
Elevation of critical infrastructure — utilities, hospitals, roads, emergency facilities — to projected future flood levels. Building for where the water will be, not where it was.
★ Sovereign Guarantee — Sec. 303(c)
Federal funds are conditioned on submitting a plan — not on what the plan says. FEMA cannot require a state to adopt any particular zoning regulation, land-use rule, or density standard. Specific strategies are at the "sole State discretion." Those exact words are in the bill.
★ Title IV: Interior Resilience — Floods, Drought & Wildfire

CA-2's Three Biggest Threats. All Covered.

Interior state allocations are based on National Risk Index scores for riverine flooding, drought, and wildfire — adjusted for social vulnerability. For CA-2, this means Humboldt, Trinity, Mendocino, Modoc, Shasta, Siskiyou, Sonoma, and the other inland counties are directly eligible. Every one of these project types is in the bill.

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Dual-Purpose Flood & Drought Infrastructure (Sec. 402.1)
Reservoirs, detention basins, and water conveyance systems that solve two problems with one project — storing floodwater to prevent downstream flooding, then releasing it during drought. In the American West, this is the most cost-effective water investment available.
Off-channel reservoirs capture peak flows
Detention basins slow floodwaters
Conveyance gets water to drought-stressed areas
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Aquifer Storage & Recovery (Sec. 402.2)
When rivers run high in wet years, water is captured and pushed underground into aquifers for storage. In dry years, it's pumped back up. Invisible water banking — building a savings account under the ground that doesn't evaporate.
Managed aquifer recharge during flood season
Recovery during drought — no surface evaporation
Recharges domestic wells in rural communities
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Dam & Levee Modernization (Sec. 402.3)
Repair, modernization, or removal of aging dams, levees, and canals — with priority for high-hazard structures that could fail and cause major loss of life. California has hundreds of aging dams; many of CA-2's inland communities sit downstream.
Priority: high-hazard dams and levees
Dam removal where safer and more effective
Floodplain reconnection for river restoration
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Non-Structural Solutions (Sec. 402.4)
Floodplain buyouts, river-floodplain reconnection, and hydrologic restoration. Sometimes the best answer is giving the river room to flood safely — buying out repeatedly flooded properties and letting the floodplain function as nature designed it.
Voluntary buyouts of repetitively flooded properties
River meander restoration slows flood pulses
Meadow restoration recharges groundwater
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Wildfire Mitigation (Sec. 402.5 & 405)
Eligible projects include community wildfire protection plans, vegetation management, fuel breaks, defensible space programs, utility undergrounding and hardening, fire-resilient building materials, and evacuation infrastructure — every tool in the wildfire prevention toolkit.
Fuel break construction along WUI boundaries
Utility undergrounding — major ignition source
Evacuation route improvements
Fire-resilient building retrofits
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Agricultural Resilience (Sec. 404)
Farmers and ranchers are on the front lines of drought. Eligible projects include soil health practices that hold water, precision irrigation systems, and measures that reduce water use while maintaining crop yields. Less water used = more water available for everyone.
Soil carbon building for water retention
Drip and micro-irrigation efficiency upgrades
Cover crops reduce evaporation from fields
★ The Core Argument — Sec. 2 Finding 4

React After. Or Prepare Before. One Costs Far More.

Congressional Finding 4 states plainly that every dollar invested in pre-disaster resilience saves multiple dollars in avoided future disaster costs. This bill is designed to make that math work for the federal government.

✗ The Current Approach: React
Spend After the Disaster
Emergency disaster declarations: political, slow, inconsistent
FEMA rebuilds in the same flood zone — same house floods again
Individual assistance checks sent without long-term planning
Centralized federal management misses local knowledge of risk
Approximately $200 billion in disaster-related federal spending affected — and growing
National debt above $34 trillion — we can't keep borrowing to react
✓ This Bill's Approach: Prepare
Invest Before the Disaster
State revolving funds provide capital before emergencies, not after
Communities that flood repeatedly get buyouts and permanent protection
Local and state governments choose projects that match their actual risk
Nature-based solutions grow stronger over time — not weaker
Revolving loans mean one federal investment funds decades of projects
Loan repayments + offsets = self-financing after initial setup
Multiple × Return
Congress Finds: Every dollar in pre-disaster resilience saves multiple dollars in avoided disaster costs — Sec. 2(4)
The bill also targets a $1 billion annual reduction in improper payments under FEMA disaster programs — money going to fraud, waste, and error that could instead build resilience infrastructure (Sec. 505).
★ Title VI: Protection of State Sovereignty

Six Ironclad Protections for State and Local Control.

Title VI of this bill is unusual: an entire title of a federal law dedicated entirely to limiting what the federal government can do. It's written in response to a pattern of federal agencies using grant money to pressure states into adopting federal zoning preferences. This bill makes that illegal.

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No Zoning Mandates — Ever (Sec. 601b)
The Administrator and all federal agencies are explicitly prohibited from ordering any state or local zoning ordinance or land-use regulation. This is a hard prohibition — not a guideline, not a preference. Federal agencies simply cannot command local zoning under this bill.
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No Density Conditions (Sec. 601b2)
No funds may be conditioned on: increasing or decreasing density, altering lot sizes or setbacks, eliminating single-family zoning, or requiring ADUs or multi-family housing. These exact words are in the bill. A community cannot lose resilience money for refusing to change its zoning.
No Coercion (Sec. 601c)
The Administrator cannot deny, withhold, or even threaten to withhold assistance based on a state refusing to adopt federal housing or zoning preferences. Even the threat of withholding is prohibited. This closes the loophole of "informal" federal pressure.
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No Federal Zoning Surveillance (Sec. 602)
Federal funds cannot be used to build databases that analyze, score, or grade community zoning patterns for the purpose of influencing local land-use decisions. Federal agencies cannot spy on how communities zone in order to pressure them to change. Note: civil rights enforcement data collection is still permitted.
⚖️
Anti-Commandeering Codified (Sec. 604)
The bill codifies the Murphy v. NCAA anti-commandeering standard directly into law: it is unlawful to direct a state legislature to enact any law, or conscript a state official to enforce any federal housing or zoning preference. Any such requirement is void from the start — automatically unenforceable.
Completely Voluntary — Real Consequences (Sec. 603)
Participation is strictly voluntary. Non-participation cannot result in any penalty, be used as a negative factor for other federal grants, or be construed as a waiver of any sovereign right. A state that says "no thank you" loses nothing it would otherwise have. Zero coercion. Zero cost to opting out.
★ The Exact List of What the Federal Government Cannot Condition Funds On (Sec. 601b2)
Increasing residential density
Decreasing residential density
Altering lot sizes or setbacks
Changing building height limits
Reducing parking requirements
Eliminating single-family zoning
Authorizing ADUs (accessory dwelling units)
Authorizing multi-family housing
★ Sec. 205 & 305: Disadvantaged Communities

The Highest Risk. The Most Help.

The bill defines a "disadvantaged community" as a census tract with above-median social vulnerability based on the CDC Social Vulnerability Index — a real, measurable, objective standard. These are the communities that typically can't afford to borrow money for resilience projects and face the most risk.

For these communities, the bill goes beyond low-interest loans. States can offer principal forgiveness (you don't have to pay back part of the loan), negative interest loans (the loan balance shrinks over time rather than growing), or even outright grants for the hardest-hit places.

These extra subsidies are capped at 30% of a state's total capitalization grant — ensuring the fund is used strategically without becoming purely a grant program. The revolving nature of the rest of the fund keeps it sustainable for decades.

State Intended Use Plans must specifically describe project selection criteria that target high-risk areas and disadvantaged communities. And states must prioritize projects that reduce risk in disadvantaged communities, provide multiple benefits at once, and demonstrate measurable risk reduction.

For Disadvantaged Communities — Three Options (Sec. 205a)
States can choose the right tool for each community: principal forgiveness (don't pay back part), negative interest (balance decreases over time), or grants (no repayment at all). States decide which combination works best for each community's situation.
Up to 30% of capitalization — forgiveness eligible
CDC Social Vulnerability Index — The Standard (Sec. 101.9)
The bill uses an objective federal standard to define vulnerability — not political judgment. The CDC SVI measures poverty, unemployment, minority status, housing characteristics, and English proficiency. Above-median SVI = disadvantaged community. Transparent, verifiable, not up to political discretion.
CDC SVI — objective, measurable standard
Nature-Based Solutions Also Get Priority Subsidies (Sec. 302.1)
Mangroves, oyster reefs, wetlands, and dunes are eligible for the same extra subsidization as disadvantaged communities — because these living infrastructure systems are often the most cost-effective long-term protection and provide the most co-benefits (clean water, habitat, carbon storage).
Zero-interest + additional subsidization available
Peril of Flood Plan — Required But Flexible (Sec. 303)
Coastal states receiving funds must develop a Peril of Flood hazard mitigation plan identifying flood-risk areas and risk reduction principles. But what strategies the plan recommends is entirely up to the state. FEMA cannot disapprove based on disagreement with the specific project selection.
Plan required · Content at sole state discretion
★ Title V: Fiscal Responsibility & How It's Paid For

$50 Billion. Not One Dollar Borrowed.

The bill does not appropriate new money. It rescissions unobligated balances — money Congress already authorized that was never actually spent or committed to a valid contract. OMB has 90 days to identify what's available; rescission takes effect 120 days after enactment. The Trust Fund is capped at $50 billion, and excess earnings go to deficit reduction.

Funding Mechanism (Title V)Details
Rescission of unobligated ARPA State/Local Fiscal Recovery balancesUp to $50B aggregate cap
Rescission of unobligated IRA resilience-related provisionsIdentified within 90 days
Pre-Disaster Mitigation program consolidatedUnobligated balances → Trust Fund
CDBG-DR mitigation consolidatedDelivered primarily through State Funds
FEMA improper payments reduction target$1B annual reduction
Self-financing after initial capitalizationLoan repayments + interest
Projected Trust Fund sizeUp to $50,000,000,000
★ What "Rescission of Unobligated Balances" Means
Congress previously appropriated money for various programs. Some of that money was never spent or committed to a valid contract or grant. It's sitting unused in Treasury accounts. This bill takes those unused dollars and redirects them to resilience infrastructure — rather than letting them sit idle or be quietly reprogrammed. Existing contracts and veterans benefits are fully protected from any rescission (Sec. 502b).
$50B
Trust Fund aggregate cap
The Resilience Trust Fund cannot exceed $50 billion. Excess earnings are transferred to the Treasury for deficit reduction — not rolled into more spending (Sec. 102d).
Self-Fund
Program finances itself after initial capitalization
After the initial setup, the program operates entirely through loan repayments and fund earnings. No additional appropriations required (Sec. 507c).
$0
Deficit impact
No amounts may be obligated in excess of amounts deposited. No borrowing from Treasury or the public. Deficit spending is explicitly prohibited (Sec. 507a-b).
10 yr
Sunset on new capitalization grants
Authority to make new capitalization grants ends 10 years after enactment unless Congress reauthorizes. State funds continue in perpetuity. Remaining Trust Fund balance goes to deficit reduction (Sec. 704).
GAO Review & Biennial Reports (Sec. 702)
Starting 3 years after enactment, FEMA reports every 2 years on fund status, projects, and performance. GAO reviews cost-effectiveness periodically. 18 months before sunset, a comprehensive GAO evaluation informs reauthorization decision. Reauthorization must be earned.
★ Title VIII: Constitutional Safeguards

Eight Protections Written Into the Law Itself.

Title VIII is unusual — it's an entire title of a federal bill dedicated to limiting federal power. Each protection below is a directly enforceable legal provision, not a policy preference. These limits apply to FEMA and every other federal agency administering this bill.

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100% Voluntary for States (Sec. 708)
All programs are voluntary. No state is required to establish a fund or participate. Non-participation causes no penalty and no loss of any other federal funding. A state that declines loses nothing it would otherwise have. Every dollar of resilience money flows through a state that chose to participate.
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No Chevron Deference (Sec. 709b)
Courts must apply de novo review to questions of statutory interpretation — no deference to agency interpretation of this law, consistent with Loper Bright Enterprises v. Raimondo (2024). Ambiguity is construed against the agency, not in its favor.
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Fourth Amendment — Data Privacy (Sec. 713)
Warrant required for government searches. Agencies collect only minimum necessary data. 7-year retention limit with mandatory destruction. Privacy violations give individuals the right to sue for actual damages or $1,000 minimum, plus injunctive relief and up to $10,000 punitive for willful violations.
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Tenth Amendment Primacy (Sec. 714)
Reserved powers explicitly acknowledged. Programs enacted solely under enumerated federal powers. Any state may decline without consequence to other federal funding. The bill cannot be used to expand federal authority beyond the powers listed in Article I, Section 8.
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Major Questions Doctrine (Sec. 710)
Congress expressly authorizes every significant action in this bill. Agencies possess only authority explicitly granted — nothing implied from general purposes, legislative history, or agency expertise. Agencies cannot expand this bill's scope on their own authority — not even one regulatory requirement beyond what Congress specifically listed.
✂️
Two-for-One Regulatory Rule (Sec. 715)
For every new regulatory requirement created to implement this bill, agencies must eliminate two existing requirements of equal or greater burden. Total regulatory costs cannot exceed costs eliminated. This bill cannot become a vehicle for regulatory expansion.
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No New Agencies (Sec. 716)
All programs administered by existing agencies — primarily FEMA. No new bureaucracies created. Federal civilian employment increase capped at 1%. Forms capped at 5 pages for individuals and 20 pages for businesses. The law exists to build resilience infrastructure, not to grow government.
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First Amendment Savings (Sec. 711)
Any disclosure requirements in this bill are limited to objectively verifiable facts only — consistent with the Zauderer standard. Substantial compliance is sufficient. No enforcement for technical variations. Triennial review to eliminate obsolete disclosure requirements. The government cannot compel ideological speech.
"Every dollar invested in pre-disaster resilience saves multiple dollars in avoided future disaster costs. This bill makes that investment — and makes states, not Washington, the ones who decide how."
— From the Bill's Findings, Sec. 2(4) · Gregory Burgess for Congress · CA-2 · No Party Preference
★ Read Every Word

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The complete State Sovereignty and Adaptive Resilience Act — all nine titles, all fiscal details, all constitutional safeguards, all sovereign protections — is available in the full platform download. Every figure on this page comes directly from the bill text.

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