Bill Summary
The "Enhancing Long-Term, Efficient, and Viable Alternatives to Empower Flood-Prone Communities Act of 2026" establishes a comprehensive framework for implementing nonstructural flood risk management solutions across the United States. This legislation emphasizes the importance of nonstructural features—such as structure elevation, floodproofing, and land acquisition for floodplain management—as effective methods to reduce flood risks and preserve natural benefits.
Key provisions of the Act include a declaration of U.S. policy prioritizing nonstructural approaches in flood management studies, the mandate for the Secretary of the Army to continue relevant studies and projects, and the establishment of a National Nonstructural Committee to foster collaboration among stakeholders. Additionally, it creates a center of expertise within the Corps of Engineers to enhance technical knowledge and improve flood risk management recommendations.
The Act also outlines specific coordination and reporting requirements, adjusts cost-sharing mechanisms to provide more federal support for economically disadvantaged communities, and allows for phased implementation of nonstructural projects based on community needs. It ensures that property acquisition for nonstructural features is voluntary and provides guidelines for the elevation of structures in compliance with safety standards.
Overall, the legislation aims to strengthen the capacity and resources dedicated to nonstructural flood management strategies, ensuring these approaches are effectively integrated into federal flood risk management efforts while engaging and supporting affected communities.
Possible Impacts
Here are three examples of how people will be affected by the "Enhancing Long-Term, Efficient, and Viable Alternatives to Empower Flood-Prone Communities Act of 2026":
1. **Increased Federal Support for Vulnerable Communities**: Residents of economically disadvantaged communities will benefit from enhanced federal support for flood risk management projects. The legislation redefines cost-sharing arrangements, allowing for up to 100% federal funding for nonstructural flood management initiatives that directly address severe flooding issues in these areas. This will enable communities that previously struggled to afford necessary flood mitigation measures to implement effective strategies without the burden of high costs.
2. **Streamlined Elevation Processes for Homeowners**: Homeowners in flood-prone areas will see a more accessible process for elevating their properties as a flood risk management measure. The Act allows for the coverage of costs associated with compliance to local flood elevation standards, including necessary repairs and housing for displaced occupants. This will help ensure that homeowners can protect their properties from future flood risks while minimizing financial strain during the elevation process.
3. **Enhanced Collaboration and Resources for Local Governments**: Local governments will benefit from the establishment of the National Nonstructural Committee and a nonstructural working group, which will foster collaboration among various stakeholders, including federal agencies, to enhance expertise in flood risk management. This initiative will provide local authorities with better access to resources, technical assistance, and policy guidance, enabling them to more effectively implement nonstructural flood risk management solutions in their communities.
[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.
<all>