Washington, D.C. — Today, U.S. Senator Patty Murray (D-WA), Vice Chair of the Senate Appropriations Committee, introduced the Floodplain Enhancement and Recovery Act with Senator Steve Daines (R-MT). This bipartisan legislation would create a new pathway for ecosystem restoration projects in floodplains that meet specific low-risk criteria and would simplify approval for important restoration work while still upholding flood safety standards.
Under the current Federal Emergency Management Agency (FEMA) policy, any proposed development in a regulated floodway, whether it’s a shopping mall or salmon habitat, must prove that it will not increase the base flood elevation (BFE) of the area. This requirement is commonly referred to as the “No Rise” rule. While important for protecting communities from increased flood risks, it has had major unintended consequences on important environmental restoration in Washington state and around the country.
“Here in Washington state ensuring our waterways stay healthy is critical for not just environmental conservation efforts, but important for our communities and economy as well. This legislation will simplify approval of ecosystem restoration projects in floodplains, which is critical for many projects in Washington state where many communities are in a regulated floodway,” said Senator Murray. “Government should be making it easier to protect our environment, not harder. I am proud to be a partner to the many Tribes and advocates in Washington state that have been pushing for the Floodplain Enhancement and Recovery Act, and I will continue to fight for commonsense solutions to protect and restore our ecosystems.”
In Washington state, many salmon habitat restoration projects involve placing woody debris in a waterway to slow water and make safe spaces for juvenile salmon to develop. These projects, and many others, often fail the “No Rise” rule. Currently, the only way around the rule is to first update FEMA’s flood maps with the projected BFE impacts. This requires extensive and very expensive hydrologic and hydraulic analyses, often performed by a third-party engineer. FEMA then reviews the analyses, replicates them, and approves them internally before giving the okay to move forward, which has taken up to three years to complete. While this process often makes sense in an urbanized, flood-prone community, it is an unnecessary exercise for restoration in remote areas.
“Critical ecosystem restoration projects across Montana 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,” said Senator Daines.
Many communities in Washington have avoided doing restoration work in regulated floodways—which makes up much of the state—to avoid the associated costs. This bill would allow for a more efficient process for ecosystem restoration in a regulated floodplain and addresses the issue of “No Rise,” which has been a priority concern for a number of Tribal communities and salmon advocates in Washington state for the last few years.
“Ecosystem restoration projects reduce flood risk and restore the natural functions of floodplains,” said Ed Johnstone, Chairman of Northwest Indian Fisheries Commission. “This proposed legislation is a strong step toward removing an undue burden for these essential habitat restoration and nature-based solution projects. Treaty tribes support legislation that keeps communities safe while restoring salmon habitat and protecting treaty rights in the Pacific Northwest.”
“Restoring healthy floodplains is just one of many nature-based solutions that must be integrated into our national efforts to make communities safer and rivers healthier in the face of increasingly extreme weather,” said Eileen Shader, Senior Advisor for American Rivers Action Fund and a floodplains expert. “Making sure that these cost-efficient and common-sense restoration projects are not limited by inefficiencies in the regulatory framework is an important step in ensuring lives and property are protected.”
“The Association of State Floodplain Managers supports this legislation because it is a practical solution balancing the need to identify any relevant impacts of floodplain restoration projects with time, effort and resources to do so,” said Chad Berginnis, Executive Director of The Association of State Floodplain Managers. “The land use and development standards of the NFIP need to be sensibly applied in a way to protect and enhance the natural and beneficial functions of our nation’s floodplains.”
“We appreciate Senator Murray’s leadership and partnership in developing this important legislation. It’s a common-sense approach that reduces costs and delays for watershed restoration while maintaining flood safety,” said Casey Sixkiller, Director of the Washington State Department of Ecology. “By giving our federal partners more flexibility in their review processes, this bill will help move critical ecosystem and salmon recovery projects forward without unnecessary regulatory hurdles or added costs.”
“There are many benefits to having intact natural floodplains. One of them is that they lower the risks associated with flooding. That is one of the main reasons why The Nature Conservancy supports policies, like this one from Senators Murray and Daines, that help scale up work to restore floodplains,” said Cameron Adams, Policy Advisor for The Nature Conservancy. “This bipartisan legislation would give communities the flexibility they want and need to do science-backed ecosystem restoration projects in flood zones. These types of projects don’t just benefit people, but also plants and animals that thrive in healthy landscapes.”
“Ecosystem restoration projects are a vital tool to address landscape recovery and habitat restoration, especially after major weather events. This amendment would make it easier for local communities to develop effective and necessary restoration projects by streamlining the approval process for ecosystem restoration projects,” said Jeremy Peters, CEO of National Association of Conservation Districts. “NACD appreciates the clarity and flexibility provided in this amendment and looks forward to seeing how local conservation districts will have an even greater impact in areas in need of restoration.”
Senator Murray has been a champion for protecting and strengthening critical salmon and fish populations throughout her time in the Senate. Senator Murray secured a historic $2.85 billion investment in salmon and ecosystem restoration programs—including $400 million for a new community-based restoration program focused on removing fish passage barriers in the Bipartisan Infrastructure Law—and in the Inflation Reduction Act, Murray secured hundreds of millions for Washington state priorities including $15 million for the Pacific Coastal Salmon Recovery Fund, $3 million to support facilities at the Olympic Coast National Marine Sanctuary, $27 million for Pacific salmon research, and more.
Last Congress, as then-Chair of the Senate Appropriations Committee, Murray protected critical funding for salmon recovery and fishery projects in the Fiscal Year 2024 government spending bills she negotiated and passed into law, including securing: $50 million in the construction of the Howard Hanson Dam Fish Passage facility; $75 million for the Pacific Salmon account at the National Marine Fisheries Service (NMFS), $65 million for the Pacific Coastal Salmon Recovery Fund, $54 million for the EPA’s Puget Sound Geographic Program, and more.
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