[Congressional Record Volume 162, Number 61 (Wednesday, April 20, 2016)]
[Senate]
[Pages S2341-S2342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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

[[Page S2342]]

     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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