,,ii #aaith ,,congress #b;d ,session ,s4 #dbdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjbf,mr4 ,whitehouse 7for himself and ,mr4 ,tillis7 introduced the following bill2 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 solutions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enhancing ,long-,term1 ,efficient1 and ,viable ,alternatives to ,empower ,flood-,prone ,communities ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,nonstructural feature 7,a7 ,in general ,the term nonstructural feature1 with respect to a project for flood risk management or hurricane and storm damage risk reduction1 means-- 7i7 structure elevation2 7ii7 structure floodproofing2 7iii7 basement filling2 and 7iv7 acquisition of floodplain land and structure demolition or relocation1 except as provided in subparagraph 7,b74 7,b7 ,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 feature4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,army4 #c4 ,planning and implementation of nonstructural flood risk management solutions 7a7 ,findings ,congress finds that-- 7#a7 nonstructural features are proven methods for reducing both short- and long-term risk and damages from the isolated and compound effects of all flood drivers1 including fluvial flooding1 coastal storm surge-driven flooding1 and flooding from extreme rainfall2 7#b7 nonstructural features reduce flood risk and damages while preserving the benefits of natural floodplains1 including natural flood and erosion control1 fish and wildlife habitat1 water quality maintenance1 groundwater recharge1 and recreation opportunities2 7#c7 nonstructural features require minimal operation1 maintenance1 repair1 rehabilitation1 and replacement and1 as a result1 are often more cost-effective than structural features such as levees and floodwalls2 7#d7 nonstructural features may be the only cost-effective solution to address flood risk and damages in small rural communities and in large1 densely populated areas with multiple flood sources2 7#e7 ,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 #aigd2 7#f7 the ,corps of ,engineers reportedly has identified over #hh1jjj individual structures for elevation in authorized flood risk management or hurricane and storm damage risk reduction projects or in ongoing feasibility studies2 and 7#g7 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 risk4 7b7 ,declaration of policy ,congress declares that it is the policy of the ,united ,states that-- 7#a7 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 reduction2 and 7#b7 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 reduction4 7c7 ,purposes ,the purposes of this ,act are-- 7#a7 to reaffirm the role of the ,corps of ,engineers in the development and implementation of nonstructural features2 and 7#b7 to enhance the capability of the ,corps of ,engineers to plan and implement nonstructural features efficiently and effectively4 7d7 ,implementation of studies and projects 7#a7 ,continuation of studies and projects 7,a7 ,in general ,except as provided in paragraph 7#e71 the ,secretary shall not pause1 terminate1 or otherwise defer the initiation or continuation of any study or project described in paragraph 7#b74 7,b7 ,resumption of studies and projects ,not later than #de days after the date of enactment of this ,act1 the ,secretary shall resume any study or project described in paragraph 7#b7 that the ,secretary paused1 terminated1 or otherwise deferred during the period beginning on ,january #bj1 #bjbe1 and ending on the date of enactment of this ,act1 unless an exception under paragraph 7#e7 applies to the study or project4 7#b7 ,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-- 7,a7 that includes a nonstructural feature2 7,b7 7i7 for which ,congress has specifically appropriated funds2 or 7ii7 for which funds have been allocated in a work plan submitted to the ,committees on ,appropriations of the ,senate and the ,house of ,representatives2 and 7,c7 for which funds are available for obligation and expenditure4 7#c7 ,required disclosures to non-,federal interests 7,a7 ,in general ,the ,district ,engineer responsible for a study or project described in paragraph 7#b7 shall-- 7i7 not later than #de days after the date of enactment of this ,act1 notify the non-,federal interest for the study or project1 in writing1 of the status of the study or project2 7ii7 every #de days thereafter1 provide the non-,federal interest for the study or project1 in writing-- 7,i7 a current schedule for completion of the study or project2 and 7,,ii7 documentation of funds expended and work items completed2 7iii7 notify the non-,federal interest for the study or project1 in writing1 by not later than #ae days after the date of any-- 7,i7 change to the schedule that exceeds the programmed float for the study or project2 or 7,,ii7 pause1 termination1 or deferral of the study or project pursuant to an exception described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#e72 and 7iv7 beginning ,february #ae1 #bjbg1 and each ,february #ae thereafter1 notify the non-,federal interest for the study or project1 in writing1 of the capability of the ,corps of ,engineers for the study or project in the upcoming fiscal year4 7,b7 ,contents of notification ,the written notification under subparagraph 7,a77ii77,i7 shall include an explanation of the cause of the change to the schedule for the study or project4 7,c7 ,congressional notification ,the ,secretary shall provide a copy of each notification issued to a non-,federal interest under clause 7i71 7iii71 or 7iv7 of subparagraph 7,a7 to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committees on ,appropriations of the ,senate and the ,house of ,representatives4 7#d7 ,requirements for certain studies 7,a7 ,in general ,in the case of a study described in paragraph 7#b7 the purpose of which is to develop a recommendation with respect to a congressional authorization for a project1 including a congressional authorization to increase the maximum authorized cost of a project in accordance with section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj71 the ,secretary may not-- 7i7 complete the study without submitting to ,congress a ,chief's ,report or ,director's ,report1 as applicable1 for the study that includes such a recommendation2 7ii7 narrow the purpose or geographic scope of the study relative to the authorized purpose and geographic scope of the study1 unless requested in writing by the non-,federal interest for the study2 or 7iii7 delay progress of the study toward a schedule milestone by a period exceeding #de days under subsections 7b7 and 7c7 of section #ajja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c74 7,b7 ,locally preferred alternative ,on the request of the non-,federal interest for a study described in paragraph 7#b7 that requires a ,chief's ,report1 the ,secretary shall include in the ,chief's ,report1 with a level of detail comparable to the level of detail required by the ,secretary to support a recommendation for congressional authorization1 the features and costs of the locally preferred alternative4 7#e7 ,exceptions ,paragraph 7#a7 shall not apply to a study or project described in paragraph 7#b7 if-- 7,a7 the pausing of construction of the project is required to comply with section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj71 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 project2 7,b7 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 by1 as applicable-- 7i7 section #aja1 #ajb1 #ajc1 or #aje of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa1 #bbab1 #bbac1 #bbae72 7ii7 section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b72 or 7iii7 the authorization for the study or project2 7,c7 the pausing1 termination1 or deferral of the study or project is required to comply with a court order or condition of a settlement agreement2 or 7,d7 the pausing1 termination1 or deferral of the study or project is requested in writing by the non-,federal interest for the study or project4 7#f7 ,presumption ,a study or project described in paragraph 7#b7 to which no exception described in paragraph 7#e7 applies shall be presumed to be paused1 terminated1 or deferred in violation of paragraph 7#a7 if-- 7,a7 progress of the study or project toward a schedule milestone is delayed by a period exceeding #de days2 or 7,b7 the ,district ,engineer fails to provide to the non-,federal interest for the study or project any documentation or notification under paragraph 7#c77;,a7 in accordance with the terms of that paragraph4 7e7 ,technical competence and capacity building 7#a7 ,national nonstructural committee 7,a7 ,in general ,the ,secretary shall not terminate the charter for the ,national ,nonstructural ,committee of the ,corps of ,engineers without specific authorization from ,congress4 7,b7 ,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 outreach4 7#b7 ,nonstructural working group 7,a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 acting through the ,national ,nonstructural ,committee1 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 mitigation1 ,state and local governments1 and nationally recognized nonprofit organizations with expertise in nonstructural flood risk management4 7,b7 ,composition ,to the maximum extent practicable1 the ,national ,nonstructural ,committee shall ensure that the nonstructural working group established under subparagraph 7,a7 includes-- 7i7 not less than #a representative from the ,federal ,emergency ,management ,agency2 7ii7 not less than #a representative from the ,department of the ,interior2 7iii7 not less than #a representative from the ,department of ,housing and ,urban ,development2 7iv7 not less than #a representative from the ,department of ,agriculture2 7v7 not less than #a representative of a ,state or local government with expertise in rural floodplain management2 7vi7 not less than #a representative of a ,state or local government with expertise in urban floodplain management2 7vii7 not less than #a representative of a ,state or local government with expertise in inland floodplain management2 7viii7 not less than #a representative of a ,state or local government with expertise in coastal floodplain management2 and 7ix7 not less than #e representatives from nationally recognized nonprofit organizations4 7,c7 ,duties ,members of the nonstructural working group established under subparagraph 7,a7 may provide-- 7i7 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 features2 and 7ii7 information and individual advice to the ,national ,nonstructural ,committee and to the mandatory nonstructural center of expertise described in paragraph 7#c7 to further the development of technical and policy guidance for the formulation1 evaluation1 and implementation of nonstructural measures4 7,d7 ,access to information ,the ,national ,nonstructural ,committee shall provide the members of the nonstructural working group established under subparagraph 7,a7 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 7,c74 7,e7 ,meetings ,the nonstructural working group established under subparagraph 7,a7 shall convene on not less than a quarterly basis4 7#c7 ,mandatory nonstructural center of expertise 7,a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall designate a mandatory nonstructural center of expertise in the ,corps of ,engineers4 7,b7 ,duties ,the duties of the mandatory nonstructural center of expertise designated under subparagraph 7,a7 include-- 7i7 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 studies2 7ii7 reviewing1 coordinating1 and improving the quality of study products and recommendations2 7iii7 building capacity and technical competence within the ,corps of ,engineers with respect to nonstructural flood risk management2 and 7iv7 coordinating with the nonstructural working group established under paragraph 7#b77;,a7 to assess needs1 review recommendations1 and support the development of policy guidance4 7#d7 ,reports to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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-- 7,a7 a summary of the activities of the ,national ,nonstructural ,committee2 7,b7 a summary of the contributions of members of the nonstructural working group established under paragraph 7#b77;,a71 including an assessment of any recommendations made by individual members of the working group2 7,c7 a summary of the activities of the mandatory nonstructural center of expertise designated under paragraph 7#c77;,a72 7,d7 an assessment of the consideration of nonstructural features in ongoing flood risk management and hurricane and storm damage risk reduction studies1 including-- 7i7 a comparison of the benefits and costs of nonstructural features and alternatives relative to the benefits and costs of structural features and alternatives across studies2 and 7ii7 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 decision2 7,e7 an assessment of the implementation of nonstructural features included in flood risk management and hurricane and storm damage risk reduction projects under construction1 including a summary of participation rates and a description of the community outreach strategies implemented during project construction2 and 7,f7 a description of actions taken by the ,corps of ,engineers to address barriers to implementation of nonstructural features4 7f7 ,cost sharing 7#a7 ,in general ,section #ajc7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7;b77 is amended-- 7,a7 in paragraph 7#a71 in the first sentence1 by striking ,the non-,federal share and inserting ,except as provided in paragraph 7#b71 the non-,federal share2 7,b7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking #ce percent and inserting the non-,federal share2 7ii7 by striking #ce percent and inserting the non-,federal share2 and 7iii7 by striking #fe percent and inserting the ,federal share2 7,c7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 ,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-- 7,a7 #ij percent1 if the measure benefits an economically disadvantaged community 7as defined pursuant to section #afj of the ,water ,resources ,development ,act of #bjbj 7#cc ,u4,s4,c4 #bbja note2 ,public ,law #aaf-bfj772 7,b7 #ij percent1 if the measure is for a repetitive loss structure 7as defined in section #acgj of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #daba772 7,c7 #ajj percent1 if the measure is for a severe repetitive loss structure 7as defined in section #acff7;h7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c7h7772 and 7,d7 #ge percent1 in the case of any measure not described in subparagraphs 7,a7 through 7,c74 4 7#b7 ,applicability ,the amendments made by paragraph 7#a7 shall apply to-- 7,a7 any project for flood risk management or hurricane and storm damage risk reduction that is authorized after the date of enactment of this ,act2 and 7,b7 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 ,act1 on the request of the non-,federal interest for the project4 7g7 ,phased implementation 7#a7 ,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 scale1 the ,secretary shall phase implementation of the nonstructural features by municipality1 neighborhood or community group1 type of structure1 category of nonstructural feature1 or other appropriate criterion4 7#b7 ,project partnership agreements ,in carrying out a project described in paragraph 7#a71 the ,secretary may enter into a separate project partnership agreement with the non-,federal interest for each phase of construction of the nonstructural features4 7#c7 ,multiple non-,federal interests ,in the case of a project described in paragraph 7#a7 that involves multiple non-,federal interests1 the ,secretary may enter into separate agreements with each non-,federal interest4 #d4 ,acquisition and structure demolition or relocation 7a7 ,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 participate4 7b7 ,relocation and temporary housing advisory services ,the ,secretary shall include in the costs of land1 easements1 rights-of-way1 dredged material disposal areas1 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 services1 as applicable4 7c7 ,temporary housing ,the ,secretary shall include in the costs of land1 easements1 rights-of-way1 dredged material disposal areas1 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 feature4 7d7 ,moving expenses ,the ,secretary shall include in the costs of land1 easements1 rights-of-way1 dredged material disposal areas1 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 actual1 reasonable1 and necessary moving expenses4 7e7 ,supplemental payment in excess of appraised value ,the ,secretary may include in the costs of land1 easements1 rights-of-way1 dredged material disposal areas1 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-- 7#a7 the cost to purchase a comparable replacement dwelling in a nonhazard-prone location exceeds the appraised value of the structure2 and 7#b7 the household of the owner-occupant qualifies as low income1 as defined by the ,secretary of ,housing and ,urban ,development4 7f7 ,applicability 7#a7 ,in general ,this section shall apply to-- 7,a7 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 ,act2 and 7,b7 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 ,act1 at the request of the non-,federal interest for the study4 7#b7 ,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 ,act1 the ,secretary1 at the request of the non-,federal interest1 shall carry out the nonstructural feature in accordance with this section without a general reevaluation study4 #e4 ,structure elevation 7a7 ,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-- 7#a7 the target design flood elevation shall be not lower than the elevation required by local ordinance2 and 7#b7 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 #bd of the ,american ,society of ,civil ,engineers1 entitled ,flood ,resistant ,design and ,construction1 if higher than the elevation required by local ordinance4 7b7 ,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 feature1 project costs shared in accordance with the cost share requirements otherwise applicable to the project shall include1 at a minimum1 the following3 7#a7 ,costs to comply with minimum design loads and associated criteria for all hazards applicable to a structure included in the project1 including seismic hazards and wind hazards4 7#b7 ,costs to replace or repair utility service components that are undersized1 inadequately designed1 or unsafe1 if required by ,state or local requirements4 7#c7 ,costs to abate asbestos and lead-based paint4 7#d7 ,costs to elevate existing decks1 porches1 or stairs4 7#e7 ,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 foundation4 7#f7 ,costs to construct new stairs1 landings1 and railings to access the elevated living space in compliance with ,state or local requirements4 7#g7 ,documented reasonable housing costs incurred by an owner-occupant temporarily displaced during construction4 7c7 ,ownership verification ,the ,secretary shall accept as proof of ownership of a structure included in a structure elevation nonstructural feature any of the following documents3 7#a7 ,deed or official record4 7#b7 ,mortgage document4 7#c7 ,homeowners insurance documentation4 7#d7 ,property tax receipt or bill4 7#e7 ,manufactured home certificate or title4 7#f7 ,home purchase contract4 7#g7 ,will or affidavit of heirship4 7#h7 ,receipts for major repairs or maintenance to the structure4 7#i7 ,court documents4 7#aj7 ,a signed statement from a public official4 7d7 ,project delivery 7#a7 ,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 feature1 the ,secretary shall enter into a project partnership agreement with the non-,federal interest-- 7,a7 to allow the non-,federal interest to carry out the nonstructural feature2 and 7,b7 to provide in advance to the non-,federal interest the ,federal share of funds required for construction of the nonstructural feature4 7#b7 ,contracting ,in carrying out a structure elevation nonstructural feature1 the ,secretary may permit the owner of a structure included in the nonstructural feature to contract for performance of the work on the structure4 7e7 ,applicability 7#a7 ,in general ,subsections 7a7 through 7c7 shall apply to-- 7,a7 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 ,act2 and 7,b7 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 ,act1 at the request of the non-,federal interest for the study4 7#b7 ,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 ,act1 the ,secretary1 at the request of the non-,federal interest1 shall carry out the nonstructural feature in accordance with subsections 7a7 through 7c7 without a general reevaluation study4