S.Amdt. 3831

SA 3831. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 2028, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2016, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. ___. LOW-IMPACT, COST-EFFECTIVE PLANNING.

(a) Definition of Nonstructural Measure.--In this section:
(1) In general.--The term ``nonstructural measure'' means
an action that, without using a structural measure--
(A) uses, enhances, facilitates, protects, or restores
naturally occurring hydrologic, geomorphic, and ecological
functions and processes; and
(B) protects or restores the physical, chemical, or
biological characteristics of a stream, river, floodplain,
wetland, or coast.
(2) Inclusions.--The term ``nonstructural measure''
includes--
(A) acquisition of land or an easement;
(B) relocation, demolition, or elevation of a flood-prone
property;
(C) removal of a structure such as a dam, levee, or
culvert, or modification of the structures to restore a
natural hydrology, form, function, or process of a river,
stream, floodplain, wetland, or coast;
(D) reestablishment of a natural hydrology, form, function,
or process of a river, stream, floodplain, wetland, or coast;
(E) a living shoreline;
(F) a measure to increase water conservation, increase
water efficiency, or improve water management;
(G) a building or construction requirement or standard;
(H) a land use restriction or limitation; and
(I) removal of a nonnative species or reintroduction of a
native species.
(b) Planning Requirements.--
(1) In general.--Subject to paragraph (2), none of the
funds made available by this Act shall be available for a
water resources

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project for which, in formulating and evaluating a water
resources project in a feasibility study, environmental
review, or pursuant to section 5 of the Act of August 18,
1941 (33 U.S.C. 701n), the Secretary of the Army did not
select and recommend nonstructural measures to address all or
a portion of a water resources project wherever those
nonstructural measures are practicable.
(2) Exception.--Paragraph (1) shall not apply to a water
resources project if the Secretary of the Army issues a
written finding stating that it is not in the Federal
interest to use nonstructural measures for the project.
(c) Presumption.--A nonstructural measure shall be presumed
to be available and practicable unless clearly demonstrated
otherwise.
(d) Requirement.--A nonstructural measure recommended under
this section shall be cost-effective, as determined pursuant
to section 904(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2281(b)).
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