Congressman Cliff Bentz introduced legislation on Mar. 9 that would prevent the provisions of the Endangered Species Act from being applied to the National Flood Insurance Program.
The proposed bill aims to keep the focus of the National Flood Insurance Program on protecting property and human life from flood risks, rather than expanding its scope to include requirements under the Endangered Species Act. Supporters say this move is intended to provide clarity for communities relying on flood insurance and reduce federal regulatory involvement in local land use decisions.
The legislation amends the National Flood Insurance Act of 1968 by clarifying that Section 7 consultation requirements of the Endangered Species Act do not apply to flood insurance. It also directs federal agencies to withdraw existing biological opinions related to this issue. Congressman Bentz said, “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.” He added, “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.”
Bentz further said, “Communities that rely on the flood insurance program deserve clear, workable rules. 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.” Jodi Hack, CEO of the Oregon Home Builders Association, said, “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.” Jeremy Rogers, Board Chair of Oregonians for Floodplain Protection, said, “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.”
Dr. Tony Kelly, President of Oregon REALTORS, said that this act would allow Oregonians living in low-lying areas continued access to both protection from floods and responsible development standards. Raley Wright from the National Association of Realtors said: “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.”
Local officials also voiced support for Bentz’s proposal. Michael Zarosinski, Mayor of Medford, said it would help restore balance between environmental protection and community planning needs. McKennon McDonald, Mayor of Pendleton, described litigation involving endangered species protections as having imposed overly broad restrictions on rural development.
Cliff Bentz has represented Oregon’s 2nd district in Congress since replacing Greg Walden in 2021 according to his official biography. He previously served in both chambers of Oregon’s legislature as reported by his congressional office. Bentz was born in Salem in 1952 and currently lives in Ontario according to biographical information. He graduated with a BA from Eastern Oregon University in 1974 before earning his JD at Lewis & Clark College three years later according to his educational background.
