Bill Summary
The "National Flood Insurance Program Clarification Act of 2026" is proposed legislation aimed at amending the National Flood Insurance Act of 1968. Its primary focus is to limit the applicability of the Endangered Species Act (ESA) concerning actions taken under the National Flood Insurance Program (NFIP).
Key provisions of the bill include:
1. **Limitation on ESA Application**: It establishes that certain actions by the NFIP Administrator, including specific sections of the National Flood Insurance Act and the Biggert-Waters Flood Insurance Reform Act, will not be subject to the ESA's Section 7(a) requirements. This section typically mandates federal agencies to consult with wildlife agencies to ensure that their actions do not jeopardize endangered species.
2. **Withdrawal of Biological Opinions**: The bill requires the Director of the U.S. Fish and Wildlife Service and the Assistant Administrator for Fisheries to withdraw any existing biological opinions that assess the NFIP's impact on endangered species within 30 days of the bill's enactment. These withdrawn opinions would have no further effect and could not be reissued.
3. **Criteria for Land Management**: It modifies the criteria for land management and use within the NFIP, emphasizing that local measures must focus solely on protecting property and human health.
Overall, the bill seeks to streamline flood insurance program operations by reducing regulatory burdens associated with the ESA, thereby facilitating quicker responses to flood management and insurance needs.
Possible Impacts
The proposed legislation, the "National Flood Insurance Program Clarification Act of 2026," could have several effects on people, particularly in relation to flood insurance, property management, and environmental protections. Here are three examples:
1. **Impact on Flood Insurance Premiums and Coverage**: By limiting the application of the Endangered Species Act (ESA) to certain actions under the National Flood Insurance Program (NFIP), the legislation could lead to reduced costs for property owners seeking flood insurance. This might make it easier for homeowners in flood-prone areas to obtain insurance at lower rates, potentially increasing homeownership and property investments in those regions. However, this could also mean that properties that are crucial for protecting endangered species might become less regulated, leading to increased risks of habitat destruction.
2. **Potential Increase in Floodplain Development**: The amendment to the NFIP could encourage more development in flood-prone areas, as it may reduce regulatory hurdles associated with ESA compliance. This could result in more homes and businesses being built in these areas, which might benefit some local economies in the short term. However, this could also lead to increased flood risks for those new developments and surrounding communities, as well as greater environmental degradation due to habitat loss.
3. **Effects on Conservation Efforts**: By withdrawing existing biological opinions related to the NFIP's impacts on endangered species, the legislation could undermine current conservation efforts. This could lead to a decline in biodiversity and the health of ecosystems in areas affected by flooding. Communities that rely on healthy ecosystems for tourism, recreation, and local resources may find long-term economic consequences as species decline or habitats are destroyed, impacting not only the environment but also local economies and livelihoods.
Overall, while the legislation aims to streamline flood insurance processes, it raises concerns about environmental protection and the long-term implications for communities and ecosystems.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7862 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7862
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2026
Mr. Bentz introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Flood Insurance Program
Clarification Act of 2026''.
SEC. 2. APPLICATION OF THE ENDANGERED SPECIES ACT WITH RESPECT TO
CERTAIN ACTIONS UNDER THE NATIONAL FLOOD INSURANCE
PROGRAM.
Section 1317 of the National Flood Insurance Act of 1968 (42 U.S.C.
4024) is amended--
(1) by striking ``In'' and inserting the following:
``(a) In General.--In''; and
(2) by adding at the end the following:
``(b) Application of Endangered Species Act.--Section 7(a) of the
Endangered Species Act (16 U.S.C. 1536(a)) shall not apply to any
actions by the Administrator pursuant to sections 1305(c), 1306, 1360,
1361(c), 1363 of this title, and section 100216 of the Biggert-Waters
Flood Insurance Reform Act of 2012.
``(c) Biological Opinions Under the Endangered Species Act.--Not
later than 30 days after the date of the enactment of this subsection,
the Director of the United States Fish and Wildlife Service and the
Assistant Administrator for Fisheries shall withdraw any existing
biological opinions under section 7(a)(2) of the Endangered Species Act
(16 U.S.C. 1536(a)(2)) that evaluate the impacts of the national flood
insurance program. Biological opinions withdrawn under this subsection
shall have no effect and shall not be reissued.''.
SEC. 3. CRITERIA FOR LAND MANAGEMENT AND USE WITH RESPECT TO THE
NATIONAL FLOOD INSURANCE PROGRAM.
Section 1361(c) of the National Flood Insurance Act of 1968 (42
U.S.C. 4102(c)) is amended by inserting after ``local measures which''
the following: ``are for the sole purpose of protecting property and
human health, and''.
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