Bentz Introduces Bill to Protect National Flood Insurance Program

Rep. Cliff Bentz introduced legislation last Monday that would shield the federal flood insurance program from an Endangered Species Act requirement he calls "unnecessary and unconstitutional," a rule his office says threatens housing and development in floodplains across 31 of Oregon's 36 counties. Baker County sits out this particular fight, but much of the rest of eastern Oregon does not.

Bentz, the Ontario Republican who represents Oregon's 2nd Congressional District, introduced the National Flood Insurance Program Clarification Act of 2026 on March 9. The bill targets a process known as "consultation" under the Endangered Species Act of 1973, which requires federal agencies, including the Federal Emergency Management Agency, to ensure their programs comply with wildlife protections. Bentz's bill would change the National Flood Insurance Act of 1968 to clarify that the act is exempt from that requirement as it applies to the flood insurance program.

At the heart of Bentz's objection is a constitutional argument about local control. He contends the ESA consultation mandate "effectively allows the federal government to dictate local zoning and this is totally contrary to the constitutional reservation of such decision to state and local governments."

The practical concern, according to his office, is that threatened and endangered salmon and steelhead runs could trigger restrictions on housing and other development within floodplains across dozens of Oregon communities, including Pendleton, La Grande, John Day and Enterprise. Much or all of Union, Wallowa, Umatilla, Grant and Morrow counties fall within the affected area. Baker County, however, is not affected, as dams block those salmon and steelhead runs from reaching the county.

The vast majority of flood insurance policies nationwide are sold through the National Flood Insurance Program, administered by FEMA. Supporters of the bill argue that exempting FEMA from the ESA consultation requirement is necessary to keep that insurance available and accessible.

Dr. Tony Kelly, President of Oregon REALTORS®, said the bill "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." Jeremy Rogers, Board Chair of Oregonians for Floodplain Protection, said Oregon communities have faced more than a decade of uncertainty over flood insurance and development, and that the bill "restores the careful balance of responsible development, land management, and flood protection that was intended by the National Flood Insurance Program." Jodi Hack, CEO of the Oregon Home Builders Association, said the measure "will help ensure that flood insurance remains available and affordable for Oregon home owners while maintaining responsible land management practices."

No bill number, committee referral, or co-sponsor information has been released. No statements from environmental groups, FEMA, or federal fisheries agencies were included in materials distributed by Bentz's office.