National Flood Insurance Program Clarification Act of 2026
- Sponsor
- Rep. Bentz, Cliff [R-OR-2]
- Committees
- Financial Services Committee (primary)
- Last action
- Mar 9, 2026
Bottom line
This bill seeks to streamline the National Flood Insurance Program by removing certain environmental review requirements under the Endangered Species Act and narrowing the scope of land management criteria to focus exclusively on property and human health protection.
What it actually does
This bill amends the National Flood Insurance Act of 1968 to exempt specific actions under the National Flood Insurance Program (NFIP) from Section 7(a) of the Endangered Species Act (ESA). It mandates the withdrawal and non-reissuance of existing biological opinions related to NFIP impacts under the ESA. Additionally, it clarifies that land management and use criteria under the NFIP must be solely for protecting property and human health.
Proponents argue
Proponents would argue that the bill reduces bureaucratic hurdles and delays in flood insurance operations and flood mitigation efforts, allowing for faster and more efficient protection of property and human life from flood risks. They might contend that current ESA requirements create unnecessary burdens and costs for communities participating in the NFIP, hindering effective flood management and recovery.
Opponents contend
Opponents would likely argue that the bill significantly weakens environmental protections by exempting critical NFIP actions from ESA review, potentially leading to increased harm to endangered species and their habitats. They might contend that removing biological opinions undermines scientific input and could exacerbate environmental degradation in flood-prone areas, with long-term ecological and economic consequences.
The bill is very short and straightforward to read, allowing ample time for comprehensive evaluation.
Section 2(b) of the bill, amending Section 1317 of the National Flood Insurance Act of 1968 (42 U.S.C. 4024)
Limitation on Endangered Species Act Application to NFIP Actions
This provision states that Section 7(a) of the Endangered Species Act (ESA), which requires federal agencies to ensure their actions do not jeopardize endangered species or destroy critical habitat, will no longer apply to several key actions taken by the Administrator of FEMA under the National Flood Insurance Program (NFIP). These actions include identifying flood-prone areas, establishing flood insurance rates, and setting criteria for land management and use.
Supporters argue
Supporters argue this exemption will expedite flood mitigation projects and insurance operations, reducing costs and delays for communities and property owners. They contend that current ESA requirements are overly burdensome and can impede timely responses to flood threats, prioritizing species over human safety and property protection.
Critics contend
Opponents contend that removing ESA protections will lead to unchecked development and activities in floodplains that could harm vulnerable species and ecosystems. They argue that environmental reviews are crucial for sustainable flood management and that ignoring ecological impacts can lead to greater long-term costs and environmental damage.
Tradeoffs
The provision balances the desire for streamlined flood management and property protection against the imperative to protect endangered species and their habitats. It highlights a tension between immediate human and property safety concerns and long-term environmental conservation goals.
Section 2(c) of the bill, amending Section 1317 of the National Flood Insurance Act of 1968
Mandated Withdrawal of NFIP-Related Biological Opinions
This provision requires the Director of the U.S. Fish and Wildlife Service and the Assistant Administrator for Fisheries (of NOAA) to withdraw any existing biological opinions that assess the impacts of the National Flood Insurance Program under Section 7(a)(2) of the ESA within 30 days of the bill's enactment. It explicitly states that these withdrawn opinions will have no effect and cannot be reissued.
Section 3 of the bill, amending Section 1361(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102(c))
Narrowing Land Management Criteria for NFIP
This provision amends the criteria for land management and use under the National Flood Insurance Program, specifying that such local measures must now be 'for the sole purpose of protecting property and human health.' This adds a restrictive clause to the existing requirement for local measures to reduce flood damage.