Rep. Cliff Bentz introduces bill to sever the Endangered Species Act from federal flood insurance

WASHINGTON (KTVZ) – Rep. Cliff Bentz (R-Oregon) introduced legislation Monday to stop application of the provisions of the Endangered Species Act to the National Flood Insurance Program.

Congressman Bentz’s legislation amends the National Flood Insurance Act of 1968 "so that the insurance program remains focused on its intended purpose: protecting property and human life from flood risk," Bentz's office said in a news release that continues below:

The bill clarifies that ESA Section 7 consultation requirements do not apply to flood insurance. The legislation directs the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to withdraw existing biological opinions which Bentz said pervert and misdirect the purpose of the program.

This legislation clarifies that floodplain management criteria established under this national insurance program should focus on protecting property and human health, consistent with the program's core mission of providing greater certainty and protection for communities participating in the program.

“Using a flood insurance program to trigger the Endangered Species Act effectively allows the federal government to dictate local zoning, and this is totally contrary to the constitutional reservation of such decisions to state and local governments,” Bentz said.

“This bill stops application of the Endangered Species Act in a way Congress never intended. Flood insurance exists to protect human life and property. It should not be used as a vehicle to impose sweeping land-use mandates on local communities.”

“Communities that rely on the flood insurance program deserve clear, workable rules,”  Bentz added. “This legislation restores the program’s focus and ensures that local governments can continue protecting their communities from flood risks without unnecessary and unconstitutional federal regulatory interference.”

Here are comments Bentz's office provided from supporters of the legislation:

“We have long been advocates for common-sense regulations that protect our country’s natural resources and provide regulatory certainty for home builders and developers to help create much-needed housing. The National Flood Insurance Program Clarification Act of 2026 will help ensure that flood insurance remains available and affordable for Oregon home owners while maintaining responsible land management practices,” said Jodi Hack, CEO of the Oregon Home Builders Association.

“For more than a decade, Oregon communities have faced uncertainty about the future of flood insurance and development in their communities. The National Flood Insurance Program Clarification Act of 2026 restores the careful balance of responsible development, land management, and flood protection that was intended by the National Flood Insurance Program. We thank Representative Bentz for his leadership in introducing this critical legislation,” said Jeremy Rogers, Board Chair of Oregonians for Floodplain Protection.

“The National Flood Insurance Program Clarification Act of 2026 would ensure that Oregonians can continue to live and work in low-lying communities with the protection of flood insurance and the strict requirements that already exist for responsible development and land management. We thank Representative Bentz for his leadership introducing this important bill,” said Dr. Tony Kelly, President of Oregon REALTORS®.

“The National Association of REALTORS® thanks Representative Bentz for introducing legislation to limit the application of the Endangered Species Act to the National Flood Insurance Program (NFIP) and reaffirm its core mission of protecting people and property from flooding. For nearly 60 years, the NFIP has provided critical flood insurance protections for communities that adopt and enforce stronger, safer floodplain ordinances and building standards. Clarifying that the program should not be repurposed, expanded, or used as a vehicle for Endangered Species Act enforcement will help restore focus to its public‑safety role and provide greater certainty for communities and property owners. We appreciate this leadership and look forward to continuing to work together to strengthen flood protection and housing resilience nationwide,” said Raley Wright, National Association of Realtors.

“For cities like Medford, access to the National Flood Insurance Program is essential to protecting residents and supporting thoughtful growth. While we remain committed to protecting fish and wildlife, the current litigation-imposed approach creates unworkable constraints for local communities. Congressman Bentz’s legislation is an important step toward restoring balance and ensuring communities can continue to plan, build, and serve their residents,” said Michael Zarosinski, Mayor of the City of Medford.

“The National Flood Insurance Program is vital to safe, responsible development in Pendleton and other rural communities. While we strongly support efforts to protect fish and restore habitat, litigation has misused the Endangered Species Act to impose overly broad restrictions that threaten our ability to serve local residents. I appreciate Congressman Bentz’s leadership and support his legislation to bring a common-sense solution to this issue,” said McKennon McDonald, Mayor of the City of Pendleton.