Sponsors (4)
The bill speeds and stabilizes FEMA's NFIP actions by limiting ESA Section 7 review, improving program delivery for governments and homeowners in the near term but raising environmental harm, public opposition, legal uncertainty, and accountability concerns over the longer term.
FEMA, state and local governments, and homeowners in flood-prone areas can get NFIP mapping, insurance, and mitigation activities implemented faster because FEMA can proceed without delays from ESA Section 7 consultations.
FEMA and state governments face less risk that stalled or vacated ESA biological opinions will block NFIP program actions or funding decisions, making program delivery more predictable.
Homeowners and communities in flood-prone areas may experience greater flood risk over time because reduced environmental review can lead to loss or degradation of natural floodplain protections and ecological buffering.
Species and their habitats lose ESA Section 7 protections for NFIP-related actions, increasing the risk of habitat degradation and potential extinctions, which has long-term ecological and community impacts.
State and local projects tied to the NFIP (mapping, grants, mitigation) may face legal uncertainty, lawsuits, and public opposition because environmental review and agency input are curtailed.
Based on analysis of 6 sections of legislative text.
Exempts specified FEMA NFIP actions from ESA Section 7(a) consultation and requires withdrawal of prior NFIP-related biological opinions within 30 days.
Official title: To amend the National Flood Insurance Act of 1968 to limit the application of the Endangered Species Act with respect to certain actions under the national flood insurance program, and for other purposes.
Introduced March 9, 2026 by Cliff Bentz · Last progress March 9, 2026
Removes the requirement that FEMA consult with the U.S. Fish and Wildlife Service and NOAA Fisheries under the Endangered Species Act (ESA) when carrying out specified National Flood Insurance Program (NFIP) authorities, and directs the agencies to withdraw any existing biological opinions that evaluated NFIP impacts. The bill creates a statutory exemption from ESA section 7(a)(2) for FEMA actions under enumerated NFIP provisions and requires the withdrawal of prior related biological opinions within 30 days of enactment. The bill also contains a non-operative drafting insertion point into a separate NFIP planning provision but supplies no actual new language there. Other sections provide the short title and carry no substantive change in the text provided.