Bill · S. 5262· Senate(119-S-5262)
Defense of Environment and Property Act of 2026
- Introduced
- 8/5/2026
- Last activity
- 8/5/2026 — Read twice and referred to the Committee on Environment and Public Works.
- Sponsored by
- Rand Paul
- Cosponsors
- - 2 - 0
- Introduced
- In Committee
What this bill would do
The Defense of Environment and Property Act of 2026 seeks to amend the Federal Water Pollution Control Act. It clarifies the definition of "navigable waters" to include only those that are navigable-in-fact or permanent, standing, or continuously flowing bodies of water connected to navigable-in-fact waters. The bill excludes certain waters, such as those lacking continuous surface connections, man-made structures with intermittent flow, and certain wetlands. It also restricts the jurisdiction of the EPA and the Corps of Engineers to protect State authority over land and water use. Additionally, it establishes new rules regarding ground water and limits the use of the "significant nexus test." Finally, the act introduces requirements for federal entry onto private property and compensation for regulatory takings.
Who it would affect, and how
Potential Positive Impacts for People
-
Increased Judicial Recourse: A State or individual property owner can obtain expedited judicial review in a district court within 30 days if a jurisdictional determination affects their ability to plan land or water resource use (Section 2(b)(c)).
-
Protection of Property Rights: Federal agencies are prohibited from impinging upon the traditional and primary power of States over land and water use without explicit State authorization (Section 2(b)(1)).
-
Clarified Property Boundaries: The bill excludes certain wetlands and waters without continuous surface connections from Federal jurisdiction, which may assist property owners in understanding what is under Federal control (Section 2(a)(B)).
-
Ground Water Status: Ground water is classified as State water and is not considered when determining Federal jurisdiction over isolated or other waters (Section 2(b)(d)).
-
Enhanced Private Property Privacy: Federal agency representatives can only enter private property to collect information if the owner provides written consent, is notified of the date, and is granted access to collected data (Section 5).
-
Right to Presence: Landowners who consent to federal entry have the right to be present while data collection is being carried out on their property (Section 5).
-
Financial Compensation for Economic Loss: If a Federal regulation regarding water definitions diminishes the fair market value or economic viability of a property, the agency must pay the owner twice the value of the loss (Section 6(a)).
Potential Negative Impacts for People
-
Regulatory Limitations: Federal agencies are prohibited from using the "significant nexus test" to determine jurisdiction (Section 2(b)(e)).
-
Agency Restriction: The Secretary of the Army and the Administrator of the EPA are prohibited from issuing any rules or guidance that expand or interpret the definition of navigable waters unless expressly authorized by Congress (Section 3(b)).
-
Reduced Regulatory Authority: Certain regulations and guidance documents are stripped of their force or effect (Section 3(a)).
- 8/5/2026
- Read twice and referred to the Committee on Environment and Public Works.
- 2 Cosponsors added.
- Introduced in Senate
