Bonamici Leads Majority of Oregon Delegation in Calling for Pause of FEMA BiOp Implementation

WASHINGTON, DC [12/13/24] – Today Congresswoman Suzanne Bonamici (OR-01), joined by Reps. Earl Blumenauer (OR-03), Val Hoyle (OR-04), and Andrea Salinas (OR-6), and Oregon Sens. Ron Wyden and Jeff Merkley, urged the Federal Emergency Management Agency (FEMA) to pause implementation of planned changes to the National Flood Insurance Program (NFIP). 

FEMA’s planned changes to NFIP are intended to bring the flood insurance program into compliance with the Endangered Species Act. This process was triggered by the NOAA National Marine Fisheries Services’ (NMFS) 2016 Biological Opinion (BiOp), which recommended restricting floodplain development to protect threatened salmon and steelhead species through its Reasonable and Prudent Alternative (RPA).

The request by the lawmakers to delay the implementation follows many conversations with elected leaders, local planners, housing developers, and floodplain managers from across the state who have raised alarms about their lack of ability to comply with the policy because they do not have the time, resources, or technical assistance to successfully implement the changes -especially within the timeline provided by FEMA.

“We want to be clear: our concerns with the implementation do not arise from any hesitation about pursuing ambitious, comprehensive policies to protect critical habitat for endangered species,” the members of the Oregon delegation wrote. “It is the role of government to craft and implement responsible policy that follows the science, but it’s also important to fully resource the changes that must be made.”

The full text of the letter can be found here and below:

Dear Administrator Criswell, 

We write with significant concerns about the Federal Emergency Management Agency’s (FEMA’s) planned changes to the National Flood Insurance Program (NFIP) that FEMA is now beginning to implement in Oregon. Local planners, housing developers, and floodplain managers across the state are scrambling to comply with a policy that they do not have the time, resources, or technical assistance to successfully implement. The implementation process for the Reasonable and Prudent Alternative (RPA) from NOAA National Marine Fisheries Services’ (NMFS) 2016 Biological Opinion (BiOp) must be delayed.

We want to be clear: our concerns with the implementation do not arise from any hesitation about pursuing ambitious, comprehensive policies to protect critical habitat for endangered species. It is the role of government to craft and implement responsible policy that follows the science, but it’s also important to fully resource the changes that must be made. Under your leadership, FEMA has sought to make progress on this front, but the current approach to the NFIP in Oregon has prevented meaningful progress. Much of Oregon has been in severe drought for many years and has an urgent need for more water infrastructure. The state must rapidly expand its transmission infrastructure and clean energy generation capacity to keep up with growing demand. Government and industry partners have made great strides toward solutions to each of these issues, but as currently construed, implementation of FEMA’s plan creates a tremendous amount of uncertainty for the success of these efforts. 

We must be clear about the challenges ahead. The intensity, frequency, and reach of devastating floods will continue to worsen. The work we do today to build stronger, more resilient infrastructure and housing is critical. Spending time on impractical, unattainable plans will come at the expense of future generations of fishers, cattle ranchers, farmers, and timber producers who need to adapt to changing conditions. 

FEMA should immediately pause its implementation of its Pre-Implementation Compliance Measures (PICMs). Instead of continuing the current plan, FEMA must engage in serious collaborative work with the Oregon Governor’s office and relevant state agencies, Tribal Nations, NMFS, the U.S. Army Corps of Engineers, and representatives of local governments enrolled in the NFIP. Previously selected “cooperating agencies” had opportunities to review and comment on FEMA’s plans, but the current process does not include a requirement for timely responses from FEMA. If local partners are to be meaningfully consulted, this should take place in a format that allows for genuine dialogue.

During the nearly decade-long period since NMFS published the BiOp, there was inconsistent communication between FEMA and NOAA. Local governments have raised concerns about the possibility that they would implement code changes based on FEMA’s PICMs, then potentially need to change codes again once a final Environmental Impact Statement (EIS) and Implementation Plan are released. 

We have been and will continue to be constructive partners in this process and will continue to oversee FEMA’s implementation of the NFIP in Oregon. Together, we can prepare Oregon for future flood emergencies, protect and restore endangered salmon, and leave robust fisheries and a healthy environment to our children and generations to come. 

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