Enhancing Long-Term, Efficient, and Viable Alternatives to Empower Flood-Prone Communities Act of 2026
- Bill Number
- S. 4248
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2026-03-26: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-04-13T21:30:51Z
AI-Generated Summary
Enhancing Long-Term, Efficient, and Viable Alternatives to Empower Flood-Prone Communities Act of 2026 (S. 4248)
Purpose
This bill aims to promote the planning and implementation of nonstructural flood risk management solutions by the U.S. Army Corps of Engineers (USACE). Nonstructural features—such as elevating buildings, floodproofing them, filling basements, or voluntarily buying and removing/relocating structures from floodplains—are emphasized as cost-effective ways to reduce flood damage while preserving natural floodplain benefits like wildlife habitat and water quality.
Key Provisions
- Equal Consideration and Continuation of Work: USACE must treat nonstructural features on par with structural ones (e.g., levees) in all flood risk studies. Paused or terminated nonstructural projects must resume within 45 days (with limited exceptions like court orders or non-Federal funding shortfalls). Regular status updates are required for local partners (non-Federal interests) and Congress.
- Capacity Building:
- Permanently charters the National Nonstructural Committee.
- Creates a Nonstructural Working Group with experts from FEMA, HUD, other agencies, states, locals, and nonprofits to advise on projects.
- Establishes a mandatory Nonstructural Center of Expertise for technical support and training.
- Requires annual reports to Congress on nonstructural progress, barriers, and comparisons to structural options.
- Cost-Sharing Adjustments: Increases the Federal share for nonstructural measures:
| Category | Federal Share | |----------|---------------| | Economically disadvantaged communities or repetitive loss structures | 90% | | Severe repetitive loss structures | 100% | | Other cases | 75% |
- Phased Implementation: Allows breaking large nonstructural projects into phases (e.g., by neighborhood) with separate agreements.
- Acquisition and Relocation Rules: All voluntary; covers advisory services, temporary housing, moving costs, and supplemental payments for low-income owners needing pricier replacements.
- Structure Elevation Specifics: Sets minimum elevation standards (at least local requirements, potentially higher); includes costs for hazard upgrades (e.g., wind/seismic), utilities, asbestos abatement; accepts flexible proof of ownership; allows locals to lead construction with Federal funds upfront.
Provisions apply to new and existing (authorized) projects upon local request, often without full re-studies.
Significant Changes to Existing Law
- Amends Section 103(b) of the Water Resources Development Act of 1986 to favor nonstructural cost-sharing, overriding prior 65/35 Federal/non-Federal splits in key cases.
- Mandates resumption of projects paused since January 20, 2025, countering recent USACE halts.
- Formalizes committees and centers, ensuring nonstructural expertise is "mandatory" rather than optional.
- Expands reimbursable project costs (e.g., temporary housing, elevation extras) beyond prior land/easement rules.
Potential Impacts
- Government Agencies: USACE gains structured expertise and reporting duties, potentially speeding nonstructural delivery but increasing administrative workload. Other agencies (FEMA, HUD) contribute via working group.
- Citizens: Flood-prone residents, especially in rural, urban, disadvantaged, or repetitive-loss areas, get enhanced protection, financial aid for elevations/relocations, and voluntary options—reducing long-term flood damages and insurance costs.
- No notable international relations impacts.
Main Stakeholders
- USACE (Secretary of the Army): Primary implementer.
- Non-Federal Interests: Local governments, communities, and property owners funding/sharing projects.
- Flood-Prone Communities: Homeowners in rural/small towns, urban/dense areas, coastal/inland flood zones.
- Federal Partners: FEMA, HUD, Interior, Agriculture.
- Others: States/locals with floodplain expertise; nonprofits focused on flood mitigation.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces 1974 Congressional directive for nonstructural consideration; exceptions protect against lawsuits or funding gaps. Voluntary acquisitions avoid eminent domain ("takings") challenges under the Fifth Amendment.
- Constitutional: No direct issues; emphasizes property owner choice and due process via notifications.
- Political: Bipartisan sponsorship signals consensus on flood resilience amid rising risks; presumes improper pauses as violations, enabling oversight without new enforcement mechanisms. Annual reports enhance Congressional accountability.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Whitehouse, Sheldon [D-RI]
Cosponsors (1)
Recent Actions
- 2026-03-26: Read twice and referred to the Committee on Environment and Public Works.
- 2026-03-26: Introduced in Senate
Bill Versions
- Enhancing Long-Term, Efficient, and Viable Alternatives to Empower Flood-Prone Communities Act of 2026 — issued 2026-03-26 — PDF (28 pages)