National Flood Insurance Program Clarification Act of 2026

[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''.
                                 <all>