H.R. 7862: National Flood Insurance Program Clarification Act of 2026

This bill, titled the National Flood Insurance Program Clarification Act of 2026, aims to modify specific provisions of the National Flood Insurance Act of 1968 regarding how the Endangered Species Act applies to the National Flood Insurance Program (NFIP). Here are the main points of the bill:

Changes to Endangered Species Act Application

The bill proposes an amendment to Section 1317 of the National Flood Insurance Act. It specifically states that:

• The provisions of Section 7(a) of the Endangered Species Act will not apply to various actions taken under the NFIP. These actions include, but are not limited to, implementation of flood insurance policies and required risk management practices.
• Existing biological opinions—which are evaluations regarding the impact of NFIP activities on endangered species—must be withdrawn within 30 days of the bill's enactment. These opinions would not be reissued thereafter.

Criteria for Land Management

Additionally, the bill modifies the criteria for land management and use concerning the NFIP. This amendment states that local measures must be exclusively aimed at protecting property and human health. This limitation may change how local jurisdictions implement flood control measures if they are impacted by the NFIP.

Overall Impact

By limiting the application of the Endangered Species Act in relation to the NFIP, the bill seeks to reduce potential regulatory burdens on flood management and insurance processes. This change aims to facilitate the NFIP’s operation without being subjected to the constraints imposed by endangered species regulations that may otherwise affect flood insurance activities and responses.

Relevant Companies

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