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

This section exempts actions by the FEMA Administrator under specified provisions of the National Flood Insurance Program (NFIP)—sections 1305(c), 1306, 1360, 1361(c), and 1363 of the National Flood Insurance Act of 1968 and section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012—from the consultation requirements of section 7(a) of the Endangered Species Act (ESA) (16 U.S.C. 1536(a)). (As background, ESA section 7(a) requires federal agencies to consult with the U.S. Fish and Wildlife Service or National Marine Fisheries Service to ensure agency actions are not likely to jeopardize listed endangered or threatened species or adversely modify designated critical habitat.) It further requires the Director of the U.S. Fish and Wildlife Service and Assistant Administrator for Fisheries, within 30 days of enactment, to withdraw any existing biological opinions under ESA section 7(a)(2) evaluating NFIP impacts, with such opinions having no further effect and not to be reissued.

This section modifies criteria under the National Flood Insurance Act of 1968 for encouraging adoption of adequate state and local measures in flood-prone areas (i.e., to constrict development in exposed areas, guide construction away from flood hazards, reduce flood damage, and improve land management) by requiring such measures to be for the sole purpose of protecting property and human health (previously, no such limitation).