National Flood Insurance Program Clarification Act of 2026
Sponsored By: Representative Bentz
Introduced
Summary
Removes Endangered Species Act consultation for many National Flood Insurance Program actions. This bill would bar ESA Section 7(a) from applying to specified NFIP authorities, require withdrawal of related biological opinions within 30 days, and limit which local land-use measures qualify under NFIP rules to those aimed only at protecting property and human health.
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- Homeowners and residents in flood zones: Local measures that exist solely to protect property and human health would remain eligible under NFIP criteria, but broader conservation or habitat-focused local rules could lose eligibility.
- Endangered species and habitats: Any existing ESA biological opinions that evaluate NFIP impacts must be withdrawn within 30 days and will have no effect.
- Local governments and planners: Local land-management and use measures would qualify only if their sole purpose is protecting property and human health, narrowing the range of eligible local rules.
- FEMA and federal resource agencies: The bill would exempt specified NFIP actions from ESA interagency consultation and direct the U.S. Fish and Wildlife Service and NOAA Fisheries to withdraw prior NFIP-related opinions.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Block endangered species reviews for flood insurance
If enacted, this bill would stop the Endangered Species Act section 7(a) from applying to certain FEMA actions under the National Flood Insurance Act and one Biggert‑Waters provision. It would require the Fish and Wildlife Service and NOAA Fisheries to withdraw any existing ESA biological opinions that evaluate NFIP impacts within 30 days after enactment. Withdrawn opinions would have no effect and could not be reissued.
Limit local flood rules to property, health
If enacted, this bill would change the NFIP land‑use rule so local measures qualify only if their sole purpose is protecting property and human health. Local governments seeking NFIP recognition would be limited to measures whose only purpose is property or human health protection. The change would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Bentz
OR • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov