3.0.0 2517 2023-01-01T23:42:32Z 2023-01-01T23:42:32Z Senate S 2021-07-28 117 ssev00 Environment and Public Works Committee Senate Standing Referred to 2021-07-28T22:11:55Z Defense of Environment and Property Act of 2021 117 5849 HR 2021-11-04 Referred to the Subcommittee on Water Resources and Environment. Identical bill CRS 2021-07-28 ssev00 Environment and Public Works Committee Senate Read twice and referred to the Committee on Environment and Public Works. IntroReferral 2021-07-28 Introduced in Senate IntroReferral 10000 9 Library of Congress P000603 Sen. Paul, Rand [R-KY] Rand Paul R KY N R000595 Sen. Rubio, Marco [R-FL] Marco Rubio R FL 2021-07-28 True C001098 Sen. Cruz, Ted [R-TX] Ted Cruz R TX 2021-07-28 True Environmental Protection Environmental Protection 00 2021-07-28 Introduced in Senate 2021-11-19T21:52:49Z Defense of Environment and Property Act of 2021

This bill revises the scope, jurisdiction, and requirements of the Clean Water Act.

It specifies the types of water bodies that are navigable waters and therefore receive protection. It defines navigable waters as waters of the United States that are (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact.

The bill limits the jurisdiction of the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) over such waters, including by stating that ground water is under the jurisdiction of states. The bill prohibits the EPA from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States.

The bill nullifies the Migratory Bird rule and a 2008 guidance document about the definition of waters under the jurisdiction of the Clean Water Act. The bill prohibits the EPA and the Corps from issuing new rules or guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.

Federal agencies must obtain consent from private property owners to collect information about navigable waters on their land. If regulations relating to navigable waters or waters of United States diminish the value of a property, then the federal government must pay the property owner an amount equal to twice the value of the loss.

]]> Defense of Environment and Property Act of 2021 Official Title as Introduced A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. Introduced in Senate IS Display Title Defense of Environment and Property Act of 2021 Short Title(s) as Introduced Defense of Environment and Property Act of 2021 Introduced in Senate IS Introduced in Senate 2021-07-28T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-117s2517is/xml/BILLS-117s2517is.xml 2021-07-28 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.