DOWNING’S FLOODPLAIN ENHANCEMENT AND RECOVERY ACT PASSES SENATE

WASHINGTON, D.C. – Congressman Troy Downing’s (MT-02) bipartisan Floodplain Enhancement and Recovery Act took a major step toward becoming law this week after the U.S. Senate passed companion legislation led by Senators Steve Daines (R-MT) and Patty Murray (D-WA).

The legislation cuts red tape for ecosystem restoration projects in regulated floodways by creating a streamlined approval pathway for low-risk projects while maintaining flood safety standards. Under current Federal Emergency Management Agency (FEMA) policy, any proposed development in a regulated floodway must prove that it will not increase the area’s base flood elevation (BFE). This requirement, known as the “No-Rise Rule,” has created unintended consequences for conservation work in Montana and across the country.

Many conservation districts have been forced to scale back, delay, or abandon stream restoration projects because of the cost of the required engineering analysis.

The Floodplain Enhancement and Recovery Act amends the Homeowner Flood Insurance Affordability Act of 2014 to allow communities to permit ecosystem restoration projects in regulated floodways if a professional engineer certifies that the project will not raise the base flood elevation by more than one foot and that no insurable structure or critical infrastructure is located in an area that would be adversely affected by the increase. This would allow qualifying conservation projects to avoid the traditional, drawn-out FEMA approval process.

The bill is supported by the National Association of Conservation Districts, among other organizations.

“I applaud Senators Daines and Murray for getting this commonsense, bipartisan bill through the Senate. FEMA’s No-Rise Rule is blocking critical conservation work in Montana and across the country,” said Congressman Downing. “My bipartisan bill cuts needless bureaucracy and puts more power in the hands of local communities to restore and protect our lands. I’m grateful for the strong bipartisan support behind this effort, and I urge my House colleagues to take it up quickly and send it to the President’s desk.”

“This is huge news for Montana. Critical ecosystem restoration projects across our state have been abandoned due to FEMA’s onerous and costly ‘No Rise’ rule. This commonsense, bipartisan bill will reduce unnecessary burdens on important conservation and restoration work, while continuing to keep our communities safe from flooding, and I’m glad to see it pass the Senate. Next step: the U.S. House!” said Senator Daines. 

Read the bill HERE.

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