March 10, 2026 3:40 a.m.  

On Monday, Second District Congressman Cliff Bentz introduced legislation to stop application of the provisions of the Endangered Species Act to the National Flood Insurance Program.

A Bentz release said the legislation amends the National Flood Insurance Act of 1968 so that the program remains focused on its intended purpose: protecting property and human life from flood risk.

Congressman Bentz said 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 he believes pervert and misdirect the purpose of the program.

Congressman Bentz said the 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.

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”. 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 imposing sweeping land-use mandates on local communities”.

Bentz said the legislation restores the program’s focus and ensures that local governments can continue protecting their communities from flood risks without unnecessary and unconstitutional regulatory interference.