3.0.0 980 2023-01-11T13:27:23Z 2023-01-11T13:27:23Z Senate S 2015-04-16 114 ssev00 Environment and Public Works Committee Senate Standing Referred to 2015-04-16T16:55:44Z 2015-04-16 ssev00 Environment and Public Works Committee Senate Read twice and referred to the Committee on Environment and Public Works. IntroReferral 2015-04-16 Introduced in Senate IntroReferral 10000 9 Library of Congress P000603 Sen. Paul, Rand [R-KY] Rand Paul R KY N C001098 Sen. Cruz, Ted [R-TX] Ted Cruz R TX 2015-04-16 True M000355 Sen. McConnell, Mitch [R-KY] Mitch McConnell R KY 2015-04-16 True R000595 Sen. Rubio, Marco [R-FL] Marco Rubio R FL 2015-04-16 True H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2015-04-16 True L000577 Sen. Lee, Mike [R-UT] Mike Lee R UT 2015-04-16 True G000386 Sen. Grassley, Chuck [R-IA] Charles Grassley R IA E. 2015-05-14 False Environmental Protection Administrative law and regulatory procedures Administrative remedies Army Corps of Engineers Dams and canals Department of Defense Environmental Protection Agency (EPA) Environmental regulatory procedures Government liability Intergovernmental relations Judicial review and appeals Lakes and rivers Land use and conservation Navigation, waterways, harbors Property rights State and local government operations Water quality Water use and supply Wetlands Environmental Protection 00 2015-04-16 Introduced in Senate 2016-05-13T21:55:37Z Defense of Environment and Property Act of 2015

This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to specify the types of water bodies that are "navigable waters" and therefore fall under the scope of the Act. Groundwater is considered to be state water.

Activities carried out by the Environmental Protection Agency (EPA) or the U.S. Army Corps of Engineers may not impinge upon states' power over land and water use.

States or individual property owners may obtain judicial review of jurisdictional determinations by the EPA or the Army Corps that would affect their ability to plan the development and use of land and water resources within 30 days after a determination.

The EPA may not use a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States.

The following rules are nullified: (1) the Army Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers," (2) the EPA's proposed rule entitled "Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States,'" (3) the guidance document entitled "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States" (relating to the definition of waters under the jurisdiction of the Clean Water Act), and (4) any subsequent regulation or guidance issued by federal agencies that defines or interprets the term "navigable waters."

The Army Corps and the EPA may not promulgate rules or issue guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.

Federal agencies must obtain the consent of private property owners prior to entering their land to collect information about navigable waters. Federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property must pay the affected property owner an amount equal to twice the value of the loss. Until the landowners have been compensated, such a regulation will have no force or effect.

]]> Defense of Environment and Property Act of 2015 Display Title Defense of Environment and Property Act of 2015 Official Title as Introduced A bill to clarify the definition of navigable waters, and for other purposes. Introduced in Senate IS Short Titles as Introduced Defense of Environment and Property Act of 2015 Introduced in Senate 2015-04-16T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s980is/xml/BILLS-114s980is.xml 2015-04-16 Read twice and referred to the Committee on Environment and Public Works. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.