S. 4248

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4248 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4248

To provide for planning and implementation of nonstructural flood risk 
management solutions, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 26, 2026

Mr. Whitehouse (for himself and Mr. Tillis) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
and Public Works

_______________________________________________________________________

A BILL

To provide for planning and implementation of nonstructural flood risk 
management solutions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Enhancing Long-Term, Efficient, and 
Viable Alternatives to Empower Flood-Prone Communities Act of 2026''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Nonstructural feature.--
(A) In general.--The term ``nonstructural 
feature'', with respect to a project for flood risk 
management or hurricane and storm damage risk 
reduction, means--
(i) structure elevation;
(ii) structure floodproofing;
(iii) basement filling; and
(iv) acquisition of floodplain land and 
structure demolition or relocation, except as 
provided in subparagraph (B).
(B) Exclusion.--The term ``nonstructural feature'' 
does not include any property acquisition and structure 
demolition or relocation required to implement a 
structural feature or to mitigate for flooding induced 
by a structural feature.
(2) Secretary.--The term ``Secretary'' means the Secretary 
of the Army.

SEC. 3. PLANNING AND IMPLEMENTATION OF NONSTRUCTURAL FLOOD RISK 
MANAGEMENT SOLUTIONS.

(a) Findings.--Congress finds that--
(1) nonstructural features are proven methods for reducing 
both short- and long-term risk and damages from the isolated 
and compound effects of all flood drivers, including fluvial 
flooding, coastal storm surge-driven flooding, and flooding 
from extreme rainfall;
(2) nonstructural features reduce flood risk and damages 
while preserving the benefits of natural floodplains, including 
natural flood and erosion control, fish and wildlife habitat, 
water quality maintenance, groundwater recharge, and recreation 
opportunities;
(3) nonstructural features require minimal operation, 
maintenance, repair, rehabilitation, and replacement and, as a 
result, are often more cost-effective than structural features 
such as levees and floodwalls;
(4) nonstructural features may be the only cost-effective 
solution to address flood risk and damages in small rural 
communities and in large, densely populated areas with multiple 
flood sources;
(5) Congress has required the Corps of Engineers to 
consider nonstructural features in the formulation of all flood 
risk management and hurricane and storm damage risk reduction 
projects since 1974;
(6) the Corps of Engineers reportedly has identified over 
88,000 individual structures for elevation in authorized flood 
risk management or hurricane and storm damage risk reduction 
projects or in ongoing feasibility studies; and
(7) the wholesale pausing or termination of participation 
by the Corps of Engineers in nonstructural flood risk 
management is contrary to the direction of Congress and will 
leave flood-prone communities unacceptably vulnerable to 
increasing flood risk.
(b) Declaration of Policy.--Congress declares that it is the policy 
of the United States that--
(1) nonstructural features shall be given equal 
consideration to structural features in every feasibility study 
conducted by the Corps of Engineers for flood risk management 
or hurricane and storm damage risk reduction; and
(2) implementation of nonstructural features determined by 
the Corps of Engineers to meet the Federal objective for 
investments in water resources is a fundamental part of the 
primary mission of the Corps of Engineers for flood risk 
management and hurricane and storm damage risk reduction.
(c) Purposes.--The purposes of this Act are--
(1) to reaffirm the role of the Corps of Engineers in the 
development and implementation of nonstructural features; and
(2) to enhance the capability of the Corps of Engineers to 
plan and implement nonstructural features efficiently and 
effectively.
(d) Implementation of Studies and Projects.--
(1) Continuation of studies and projects.--
(A) In general.--Except as provided in paragraph 
(5), the Secretary shall not pause, terminate, or 
otherwise defer the initiation or continuation of any 
study or project described in paragraph (2).
(B) Resumption of studies and projects.--Not later 
than 45 days after the date of enactment of this Act, 
the Secretary shall resume any study or project 
described in paragraph (2) that the Secretary paused, 
terminated, or otherwise deferred during the period 
beginning on January 20, 2025, and ending on the date 
of enactment of this Act, unless an exception under 
paragraph (5) applies to the study or project.
(2) Study or project described.--A study or project 
referred to in this subsection is an authorized flood risk 
management or hurricane and storm damage risk reduction study 
or project--
(A) that includes a nonstructural feature;
(B)(i) for which Congress has specifically 
appropriated funds; or
(ii) for which funds have been allocated in a work 
plan submitted to the Committees on Appropriations of 
the Senate and the House of Representatives; and
(C) for which funds are available for obligation 
and expenditure.
(3) Required disclosures to non-federal interests.--
(A) In general.--The District Engineer responsible 
for a study or project described in paragraph (2) 
shall--
(i) not later than 45 days after the date 
of enactment of this Act, notify the non-
Federal interest for the study or project, in 
writing, of the status of the study or project;
(ii) every 45 days thereafter, provide the 
non-Federal interest for the study or project, 
in writing--
(I) a current schedule for 
completion of the study or project; and
(II) documentation of funds 
expended and work items completed;
(iii) notify the non-Federal interest for 
the study or project, in writing, by not later 
than 15 days after the date of any--
(I) change to the schedule that 
exceeds the programmed float for the 
study or project; or
(II) pause, termination, or 
deferral of the study or project 
pursuant to an exception described in 
subparagraph (A), (B), or (C) of 
paragraph (5); and
(iv) beginning February 15, 2027, and each 
February 15 thereafter, notify the non-Federal 
interest for the study or project, in writing, 
of the capability of the Corps of Engineers for 
the study or project in the upcoming fiscal 
year.
(B) Contents of notification.--The written 
notification under subparagraph (A)(ii)(I) shall 
include an explanation of the cause of the change to 
the schedule for the study or project.
(C) Congressional notification.--The Secretary 
shall provide a copy of each notification issued to a 
non-Federal interest under clause (i), (iii), or (iv) 
of subparagraph (A) to the Committee on Environment and 
Public Works of the Senate, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, and the Committees on Appropriations 
of the Senate and the House of Representatives.
(4) Requirements for certain studies.--
(A) In general.--In the case of a study described 
in paragraph (2) the purpose of which is to develop a 
recommendation with respect to a congressional 
authorization for a project, including a congressional 
authorization to increase the maximum authorized cost 
of a project in accordance with section 902 of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2280), the Secretary may not--
(i) complete the study without submitting 
to Congress a Chief's Report or Director's 
Report, as applicable, for the study that 
includes such a recommendation;
(ii) narrow the purpose or geographic scope 
of the study relative to the authorized purpose 
and geographic scope of the study, unless 
requested in writing by the non-Federal 
interest for the study; or
(iii) delay progress of the study toward a 
schedule milestone by a period exceeding 45 
days under subsections (b) and (c) of section 
1001 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2282c).
(B) Locally preferred alternative.--On the request 
of the non-Federal interest for a study described in 
paragraph (2) that requires a Chief's Report, the 
Secretary shall include in the Chief's Report, with a 
level of detail comparable to the level of detail 
required by the Secretary to support a recommendation 
for congressional authorization, the features and costs 
of the locally preferred alternative.
(5) Exceptions.--Paragraph (1) shall not apply to a study 
or project described in paragraph (2) if--
(A) the pausing of construction of the project is 
required to comply with section 902 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2280), 
subject to the condition that the pause does not affect 
the validation study necessary to support an increase 
in the maximum authorized cost of the project;
(B) the pausing or deferral of the study or project 
is required because the non-Federal interest for the 
study or project lacks the capability to carry out the 
non-Federal responsibilities required by, as 
applicable--
(i) section 101, 102, 103, or 105 of the 
Water Resources Development Act of 1986 (33 
U.S.C. 2211, 2212, 2213, 2215);
(ii) section 221 of the Flood Control Act 
of 1970 (42 U.S.C. 1962d-5b); or
(iii) the authorization for the study or 
project;
(C) the pausing, termination, or deferral of the 
study or project is required to comply with a court 
order or condition of a settlement agreement; or
(D) the pausing, termination, or deferral of the 
study or project is requested in writing by the non-
Federal interest for the study or project.
(6) Presumption.--A study or project described in paragraph 
(2) to which no exception described in paragraph (5) applies 
shall be presumed to be paused, terminated, or deferred in 
violation of paragraph (1) if--
(A) progress of the study or project toward a 
schedule milestone is delayed by a period exceeding 45 
days; or
(B) the District Engineer fails to provide to the 
non-Federal interest for the study or project any 
documentation or notification under paragraph (3)(A) in 
accordance with the terms of that paragraph.
(e) Technical Competence and Capacity Building.--
(1) National nonstructural committee.--
(A) In general.--The Secretary shall not terminate 
the charter for the National Nonstructural Committee of 
the Corps of Engineers without specific authorization 
from Congress.
(B) Stakeholder engagement and community outreach 
policies.--The National Nonstructural Committee shall 
prioritize the development of guidance and tools to 
enhance participation in nonstructural features through 
stakeholder engagement and community outreach.
(2) Nonstructural working group.--
(A) In general.--Not later than 90 days after the 
date of enactment of this Act, the Secretary, acting 
through the National Nonstructural Committee, shall 
establish a nonstructural working group composed of 
subject matter experts from Federal agencies with 
statutory responsibilities related to flood risk 
management or flood hazard mitigation, State and local 
governments, and nationally recognized nonprofit 
organizations with expertise in nonstructural flood 
risk management.
(B) Composition.--To the maximum extent 
practicable, the National Nonstructural Committee shall 
ensure that the nonstructural working group established 
under subparagraph (A) includes--
(i) not less than 1 representative from the 
Federal Emergency Management Agency;
(ii) not less than 1 representative from 
the Department of the Interior;
(iii) not less than 1 representative from 
the Department of Housing and Urban 
Development;
(iv) not less than 1 representative from 
the Department of Agriculture;
(v) not less than 1 representative of a 
State or local government with expertise in 
rural floodplain management;
(vi) not less than 1 representative of a 
State or local government with expertise in 
urban floodplain management;
(vii) not less than 1 representative of a 
State or local government with expertise in 
inland floodplain management;
(viii) not less than 1 representative of a 
State or local government with expertise in 
coastal floodplain management; and
(ix) not less than 5 representatives from 
nationally recognized nonprofit organizations.
(C) Duties.--Members of the nonstructural working 
group established under subparagraph (A) may provide--
(i) information and individual advice to 
the Corps of Engineers offices and non-Federal 
interests to further the execution of flood 
risk management and hurricane and storm damage 
risk reduction studies and projects that 
include nonstructural features; and
(ii) information and individual advice to 
the National Nonstructural Committee and to the 
mandatory nonstructural center of expertise 
described in paragraph (3) to further the 
development of technical and policy guidance 
for the formulation, evaluation, and 
implementation of nonstructural measures.
(D) Access to information.--The National 
Nonstructural Committee shall provide the members of 
the nonstructural working group established under 
subparagraph (A) such access to information related to 
ongoing flood risk management and hurricane and storm 
damage risk reduction studies and projects that include 
nonstructural features and technical and policy 
guidance as is necessary for the members to carry out 
the duties described in subparagraph (C).
(E) Meetings.--The nonstructural working group 
established under subparagraph (A) shall convene on not 
less than a quarterly basis.
(3) Mandatory nonstructural center of expertise.--
(A) In general.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall 
designate a mandatory nonstructural center of expertise 
in the Corps of Engineers.
(B) Duties.--The duties of the mandatory 
nonstructural center of expertise designated under 
subparagraph (A) include--
(i) consolidating existing technical 
expertise to facilitate efficient and effective 
delivery of technical and specialized services 
for flood risk management and hurricane and 
storm damage risk reduction studies;
(ii) reviewing, coordinating, and improving 
the quality of study products and 
recommendations;
(iii) building capacity and technical 
competence within the Corps of Engineers with 
respect to nonstructural flood risk management; 
and
(iv) coordinating with the nonstructural 
working group established under paragraph 
(2)(A) to assess needs, review recommendations, 
and support the development of policy guidance.
(4) Reports to congress.--Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
Secretary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report 
that includes--
(A) a summary of the activities of the National 
Nonstructural Committee;
(B) a summary of the contributions of members of 
the nonstructural working group established under 
paragraph (2)(A), including an assessment of any 
recommendations made by individual members of the 
working group;
(C) a summary of the activities of the mandatory 
nonstructural center of expertise designated under 
paragraph (3)(A);
(D) an assessment of the consideration of 
nonstructural features in ongoing flood risk management 
and hurricane and storm damage risk reduction studies, 
including--
(i) a comparison of the benefits and costs 
of nonstructural features and alternatives 
relative to the benefits and costs of 
structural features and alternatives across 
studies; and
(ii) a description of any study in which a 
fully nonstructural alternative was not 
included in the final array of alternatives and 
the justification for the decision;
(E) an assessment of the implementation of 
nonstructural features included in flood risk 
management and hurricane and storm damage risk 
reduction projects under construction, including a 
summary of participation rates and a description of the 
community outreach strategies implemented during 
project construction; and
(F) a description of actions taken by the Corps of 
Engineers to address barriers to implementation of 
nonstructural features.
(f) Cost Sharing.--
(1) In general.--Section 103(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2213(b)) is amended--
(A) in paragraph (1), in the first sentence, by 
striking ``The non-Federal share'' and inserting 
``Except as provided in paragraph (2), the non-Federal 
share'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking 
``35 percent'' and inserting ``the non-federal 
share'';
(ii) by striking ``35 percent'' and 
inserting ``the non-Federal share''; and
(iii) by striking ``65 percent'' and 
inserting ``the Federal share'';
(C) by redesignating paragraph (2) as paragraph 
(3); and
(D) by inserting after paragraph (1) the following:
``(2) Cost sharing for certain measures using nonstructural 
features.--The Federal share of the cost of a flood risk 
management or hurricane and storm damage risk reduction measure 
using a nonstructural feature shall be--
``(A) 90 percent, if the measure benefits an 
economically disadvantaged community (as defined 
pursuant to section 160 of the Water Resources 
Development Act of 2020 (33 U.S.C. 2201 note; Public 
Law 116-260));
``(B) 90 percent, if the measure is for a 
repetitive loss structure (as defined in section 1370 
of the National Flood Insurance Act of 1968 (42 U.S.C. 
4121));
``(C) 100 percent, if the measure is for a severe 
repetitive loss structure (as defined in section 
1366(h) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c(h))); and
``(D) 75 percent, in the case of any measure not 
described in subparagraphs (A) through (C).''.
(2) Applicability.--The amendments made by paragraph (1) 
shall apply to--
(A) any project for flood risk management or 
hurricane and storm damage risk reduction that is 
authorized after the date of enactment of this Act; and
(B) any project for flood risk management or 
hurricane and storm damage risk reduction that was 
authorized on or before the date of enactment of this 
Act, on the request of the non-Federal interest for the 
project.
(g) Phased Implementation.--
(1) In general.--On the request of the non-Federal interest 
for a project for flood risk management or hurricane and storm 
damage risk reduction that includes nonstructural features at 
scale, the Secretary shall phase implementation of the 
nonstructural features by municipality, neighborhood or 
community group, type of structure, category of nonstructural 
feature, or other appropriate criterion.
(2) Project partnership agreements.--In carrying out a 
project described in paragraph (1), the Secretary may enter 
into a separate project partnership agreement with the non-
Federal interest for each phase of construction of the 
nonstructural features.
(3) Multiple non-federal interests.--In the case of a 
project described in paragraph (1) that involves multiple non-
Federal interests, the Secretary may enter into separate 
agreements with each non-Federal interest.

SEC. 4. ACQUISITION AND STRUCTURE DEMOLITION OR RELOCATION.

(a) Voluntary Basis.--The Secretary shall carry out a property 
acquisition and structure demolition or relocation nonstructural 
feature on a voluntary basis and may not compel the owner of a 
structure included in the nonstructural feature to participate.
(b) Relocation and Temporary Housing Advisory Services.--The 
Secretary shall include in the costs of land, easements, rights-of-way, 
dredged material disposal areas, and relocations required for a project 
for flood risk management or hurricane and storm damage risk reduction 
that includes a property acquisition and structure demolition or 
relocation nonstructural feature the costs of providing relocation 
advisory services or temporary housing advisory services, as 
applicable.
(c) Temporary Housing.--The Secretary shall include in the costs of 
land, easements, rights-of-way, dredged material disposal areas, and 
relocations required for a project for flood risk management or 
hurricane and storm damage risk reduction that includes a property 
acquisition and structure relocation nonstructural feature the costs of 
temporary housing for the owner-occupant of a structure included in the 
nonstructural feature.
(d) Moving Expenses.--The Secretary shall include in the costs of 
land, easements, rights-of-way, dredged material disposal areas, and 
relocations required for a project for flood risk management or 
hurricane and storm damage risk reduction that includes a property 
acquisition and structure demolition or relocation nonstructural 
feature the costs of actual, reasonable, and necessary moving expenses.
(e) Supplemental Payment in Excess of Appraised Value.--The 
Secretary may include in the costs of land, easements, rights-of-way, 
dredged material disposal areas, and relocations required for a project 
for flood risk management or hurricane and storm damage risk reduction 
that includes a property acquisition and structure demolition 
nonstructural feature a supplemental payment to the owner-occupant of a 
structure included in the nonstructural feature in excess of the 
appraised value of the structure if--
(1) the cost to purchase a comparable replacement dwelling 
in a nonhazard-prone location exceeds the appraised value of 
the structure; and
(2) the household of the owner-occupant qualifies as low 
income, as defined by the Secretary of Housing and Urban 
Development.
(f) Applicability.--
(1) In general.--This section shall apply to--
(A) any study for a project for flood risk 
management or hurricane and storm damage risk reduction 
that has not reached the tentatively selected plan 
milestone on or before the date of enactment of this 
Act; and
(B) any study for a project for flood risk 
management or hurricane and storm damage risk reduction 
that has reached the tentatively selected plan 
milestone on or before the date of enactment of this 
Act, at the request of the non-Federal interest for the 
study.
(2) Previously authorized projects.--In the case of a 
project for flood risk management or hurricane and storm damage 
risk reduction that includes a property acquisition and 
structure demolition or relocation nonstructural feature 
authorized on or before the date of enactment of this Act, the 
Secretary, at the request of the non-Federal interest, shall 
carry out the nonstructural feature in accordance with this 
section without a general reevaluation study.

SEC. 5. STRUCTURE ELEVATION.

(a) Design Flood Elevation.--In the case of a structure elevation 
nonstructural feature included in a project for flood risk management 
or hurricane and storm damage risk reduction--
(1) the target design flood elevation shall be not lower 
than the elevation required by local ordinance; and
(2) the Secretary shall evaluate the costs and benefits of 
adopting as the target design flood elevation for the feature 
the design flood elevation determined in accordance with the 
most recent edition of standard 24 of the American Society of 
Civil Engineers, entitled ``Flood Resistant Design and 
Construction'', if higher than the elevation required by local 
ordinance.
(b) Certain Eligible Project Costs.--In the case of a project for 
flood risk management or hurricane and storm damage risk reduction that 
includes a structure elevation nonstructural feature, project costs 
shared in accordance with the cost share requirements otherwise 
applicable to the project shall include, at a minimum, the following:
(1) Costs to comply with minimum design loads and 
associated criteria for all hazards applicable to a structure 
included in the project, including seismic hazards and wind 
hazards.
(2) Costs to replace or repair utility service components 
that are undersized, inadequately designed, or unsafe, if 
required by State or local requirements.
(3) Costs to abate asbestos and lead-based paint.
(4) Costs to elevate existing decks, porches, or stairs.
(5) Costs to construct a floor system that meets minimum 
State or local requirements when the existing floor system 
cannot be elevated or is not appropriate for the new 
foundation.
(6) Costs to construct new stairs, landings, and railings 
to access the elevated living space in compliance with State or 
local requirements.
(7) Documented reasonable housing costs incurred by an 
owner-occupant temporarily displaced during construction.
(c) Ownership Verification.--The Secretary shall accept as proof of 
ownership of a structure included in a structure elevation 
nonstructural feature any of the following documents:
(1) Deed or official record.
(2) Mortgage document.
(3) Homeowners insurance documentation.
(4) Property tax receipt or bill.
(5) Manufactured home certificate or title.
(6) Home purchase contract.
(7) Will or affidavit of heirship.
(8) Receipts for major repairs or maintenance to the 
structure.
(9) Court documents.
(10) A signed statement from a public official.
(d) Project Delivery.--
(1) In general.--At the request of the non-Federal interest 
for a project for flood risk management or hurricane and storm 
damage risk reduction that includes a structure elevation 
nonstructural feature, the Secretary shall enter into a project 
partnership agreement with the non-Federal interest--
(A) to allow the non-Federal interest to carry out 
the nonstructural feature; and
(B) to provide in advance to the non-Federal 
interest the Federal share of funds required for 
construction of the nonstructural feature.
(2) Contracting.--In carrying out a structure elevation 
nonstructural feature, the Secretary may permit the owner of a 
structure included in the nonstructural feature to contract for 
performance of the work on the structure.
(e) Applicability.--
(1) In general.--Subsections (a) through (c) shall apply 
to--
(A) any study for a project for flood risk 
management or hurricane and storm damage risk reduction 
that has not reached the tentatively selected plan 
milestone on or before the date of enactment of this 
Act; and
(B) any study for a project for flood risk 
management or hurricane and storm damage risk reduction 
that has reached the tentatively selected plan 
milestone on or before the date of enactment of this 
Act, at the request of the non-Federal interest for the 
study.
(2) Previously authorized projects.--In the case of a 
project for flood risk management or hurricane and storm damage 
risk reduction that includes a structure elevation 
nonstructural feature authorized on or before the date of 
enactment of this Act, the Secretary, at the request of the 
non-Federal interest, shall carry out the nonstructural feature 
in accordance with subsections (a) through (c) without a 
general reevaluation study.
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