From Rand Paul:
Defense of Environment and Property Act of 2012
As a Senator, I have taken steps to rein in the EPA's war on private property. Thousands of property owners across America are facing aggressive action from the EPA and the Army Corps of Engineers, with no legal means to fight back. While environmental protection is important, I believe that it must be balanced with the constitutional right of landowners to do what they please with their own property. That is why I introduced S.890, The Defense of Environment and Property Act of 2013. This bill will restore common sense to federal jurisdiction over navigable waters, and place reasonable limitations on an agency that has become dangerously out of control.
A House companion of the Defense of Environment and Property Act, H.R. 3377, has been introduced by Congressman Mac Thornberry, of Texas.
Several organizations have endorsed the Defense of Environment and Property Act of 2013, including:
As a Senator, I have taken steps to rein in the EPA's war on private property. Thousands of property owners across America are facing aggressive action from the EPA and the Army Corps of Engineers, with no legal means to fight back. While environmental protection is important, I believe that it must be balanced with the constitutional right of landowners to do what they please with their own property. That is why I introduced S.890, The Defense of Environment and Property Act of 2013. This bill will restore common sense to federal jurisdiction over navigable waters, and place reasonable limitations on an agency that has become dangerously out of control.
A House companion of the Defense of Environment and Property Act, H.R. 3377, has been introduced by Congressman Mac Thornberry, of Texas.
Several organizations have endorsed the Defense of Environment and Property Act of 2013, including:
- National Mining Association
Summary: S.890 — 113th Congress (2013-2014)
There is one summary for this bill. Bill summaries are authored by CRS.
Shown Here:
Introduced in Senate (05/07/2013) Defense of Environment and Property Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to redefine "navigable waters" to specify that included territorial seas are those 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. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters; (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall; or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States.
Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use.
Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction, and (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction.
Authorizes states or individual property owners to obtain judicial review of jurisdictional determinations by the Administrator or the Secretary of the Army that would affect their ability to plan the development and use of land and water resources within 30 days after such a determination.
Considers groundwater to be state water. Prohibits groundwater from being considered in determining or asserting federal jurisdiction over isolated or other waters.
Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States.
Nullifies: (1) the Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers," (2) 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."
Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.
Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters.
Requires 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 to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated.
There is one summary for this bill. Bill summaries are authored by CRS.
Shown Here:
Introduced in Senate (05/07/2013) Defense of Environment and Property Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to redefine "navigable waters" to specify that included territorial seas are those 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. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters; (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall; or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States.
Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use.
Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction, and (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction.
Authorizes states or individual property owners to obtain judicial review of jurisdictional determinations by the Administrator or the Secretary of the Army that would affect their ability to plan the development and use of land and water resources within 30 days after such a determination.
Considers groundwater to be state water. Prohibits groundwater from being considered in determining or asserting federal jurisdiction over isolated or other waters.
Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States.
Nullifies: (1) the Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers," (2) 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."
Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.
Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters.
Requires 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 to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated.
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