Rep. Bentz Bill Aims to Clarify National Flood Insurance Program Rules

U.S. Rep. Cliff Bentz introduced legislation on March 9 aimed at reshaping how the National Flood Insurance Program operates in Oregon, a move that carries potential consequences for Union County property owners and local governments navigating an increasingly complex web of federal flood and environmental rules.

The National Flood Insurance Program Clarification Act of 2026, sponsored by Bentz, a Republican representing Oregon's 2nd Congressional District, is framed to clarify and protect elements of the NFIP. Regional reporting characterized the bill more sharply, describing it as an effort to sever the Endangered Species Act from federal flood insurance. The full bill text was not immediately available, and Bentz's office had not issued a complete public statement reconciling those two descriptions as of the bill's introduction.

The legislation arrives as FEMA is separately pursuing a draft plan for Oregon that would significantly expand what the NFIP requires of participating communities. That proposal shifts the program's focus to include protecting fish habitat in floodplains, a response to federal endangered species concerns. It would impose a "no net loss" standard for floodplain development, meaning any new construction or changes within a floodplain would need to be offset elsewhere in the watershed.

The stakes for non-compliance are severe. Communities that choose not to adopt the new requirements risk losing eligibility for the National Flood Insurance Program, which would make their residents ineligible for federal flood insurance and disaster assistance entirely. FEMA says the proposed changes are meant to comply with the Endangered Species Act and better protect habitat while reducing long-term flood risks.

The draft plan would reach 31 counties and 230 communities across Oregon. The original report on Bentz's bill notes local implications for Union County, though FEMA has not publicly confirmed which specific counties appear on the affected list. Union County officials, including the county commission and planning department, have not yet issued public comment on whether the county would adopt the new requirements or how they might affect local development permitting.

The group Oregonians for Floodplain Protection has pushed back on FEMA's proposal, saying the plan would add costly new requirements for development and potentially drive up construction expenses and local government costs, concerns that would apply directly to rural counties like Union County where development margins are already tight.

Bentz posted about the bill on the day of introduction, referencing how the National Flood Insurance Program is implemented in Oregon, though the full text of that statement was not available. Whether his legislation would affect FEMA's ongoing rulemaking process or preempt the draft Oregon plan remains a central question. The bill's full provisions, and their specific meaning for floodplain property owners along the Grande Ronde and its tributaries, will depend on details that congressional records and a response from Bentz's office would clarify.