Defense of Environment and Property Act of 2026

This bill fundamentally redefines "navigable waters" under the Federal Water Pollution Control Act, restricting federal jurisdiction to waters that are navigable-in-fact or permanent, continuously flowing bodies of water directly connected to navigable-in-fact waters. This revised definition explicitly excludes waters lacking a continuous surface connection to navigable waters, as well as man-made or natural channels with intermittent or ephemeral flow. Furthermore, wetlands without a continuous surface connection to federally regulated waters are also excluded from federal oversight. The legislation significantly curtails the authority of the Environmental Protection Agency and the Army Corps of Engineers, prohibiting their activities from impinging on traditional state powers over land and water use without explicit state authorization. It specifically bans the aggregation of wetlands or waters to assert federal jurisdiction and prohibits the use of the "significant nexus test" for determining federal oversight. Groundwater is designated as state water, further limiting federal reach, and states or property owners can seek expedited judicial review of federal jurisdictional determinations. To reinforce these changes, the bill nullifies specific past federal regulations and guidance related to "navigable waters" and prohibits future expansions of this definition without explicit Congressional approval. Crucially, it amends federal law to require written consent from landowners, notification, and data access before federal representatives can enter private property to collect information about navigable waters. The bill also establishes a mechanism for compensation for regulatory takings , mandating that federal agencies pay twice the value of loss if a regulation defining "navigable waters" diminishes a property's value, with such regulations having no force until compensation is made.