Legis Daily

Defense of Environment and Property Act of 2021

USA117th CongressS-2517| Senate 
| Updated: 7/28/2021
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (2)
Ted Cruz (Republican)Marco Rubio (Republican)

Environment and Public Works Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

S 116-376
Defense of Environment and Property Act of 2019
Jul 28, 2021
Introduced in Senate
Jul 28, 2021
Read twice and referred to the Committee on Environment and Public Works.
Nov 4, 2021

Latest Companion Bill Action

HR 117-5849
Referred to the Subcommittee on Water Resources and Environment.
  • Bill from Previous Congress

    S 116-376
    Defense of Environment and Property Act of 2019


  • July 28, 2021
    Introduced in Senate


  • July 28, 2021
    Read twice and referred to the Committee on Environment and Public Works.


  • November 4, 2021

    Latest Companion Bill Action

    HR 117-5849
    Referred to the Subcommittee on Water Resources and Environment.

Environmental Protection

Related Bills

  • HR 117-5849: Defense of Environment and Property Act of 2021

Defense of Environment and Property Act of 2021

USA117th CongressS-2517| Senate 
| Updated: 7/28/2021
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-376
Defense of Environment and Property Act of 2019
Jul 28, 2021
Introduced in Senate
Jul 28, 2021
Read twice and referred to the Committee on Environment and Public Works.
Nov 4, 2021

Latest Companion Bill Action

HR 117-5849
Referred to the Subcommittee on Water Resources and Environment.
  • Bill from Previous Congress

    S 116-376
    Defense of Environment and Property Act of 2019


  • July 28, 2021
    Introduced in Senate


  • July 28, 2021
    Read twice and referred to the Committee on Environment and Public Works.


  • November 4, 2021

    Latest Companion Bill Action

    HR 117-5849
    Referred to the Subcommittee on Water Resources and Environment.
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (2)
Ted Cruz (Republican)Marco Rubio (Republican)

Environment and Public Works Committee

Environmental Protection

Related Bills

  • HR 117-5849: Defense of Environment and Property Act of 2021
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted