Sponsor
Cliff Bentz
Representative · R-OR
Representative · R-OR
The bill speeds FEMA's NFIP actions and reduces the chance that biological opinions will halt program activities, improving program timeliness and reliability but at the cost of reduced species protections, higher long-term flood risk for some homeowners, and increased legal and oversight concerns for governments and conservation groups.
Homeowners, state and local governments, and FEMA get NFIP flood mapping, insurance, and mitigation projects implemented faster because ESA Section 7 consultation delays are removed for NFIP actions.
FEMA and state governments face less risk that stalled or vacated ESA Section 7 biological opinions will block NFIP program actions or funding decisions, improving program reliability and reducing administrative/regulatory hold-ups.
Species and their habitats affected by NFIP actions lose ESA Section 7 review and protections, increasing the risk of extinction, population declines, and habitat degradation on public and private lands.
Homeowners in flood-prone areas could face greater and increasing flood risk over time because reduced environmental oversight may allow degradation of natural floodplain functions that absorb and slow floodwaters.
State and local projects tied to the NFIP (mapping, grants, mitigation) may encounter legal uncertainty, increased litigation risk, and local public opposition without environmental review, which can delay or complicate implementation.
Based on analysis of 6 sections of legislative text.
Exempts specified NFIP actions from ESA section 7(a) consultation and requires withdrawal of existing NFIP-related biological opinions.
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
Changes federal law to say that certain FEMA actions under the National Flood Insurance Program (NFIP) are not subject to consultation requirements under the Endangered Species Act (ESA) section 7(a). It also requires the Fish and Wildlife Service and NOAA Fisheries to withdraw any existing ESA section 7 biological opinions about NFIP actions within 30 days and declares those withdrawn opinions void. The bill creates an insertion point in another NFIP provision but does not itself add any new text there (so that part has no operative effect as provided). Overall, the bill removes ESA consultation obligations for specified NFIP authorities and nullifies prior biological opinions concerning NFIP impacts on listed species and critical habitat.