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.
Source: http://beta.congress.gov/bill/113th-congress/senate-bill/890
Summary: S.890 — 113th Congress (2013-2014)There is one summary for this bill. Bill summaries are
authored by CRS. Introduced in Senate
(05/07/2013) by Senator Rand Paul (R) KY
Comments:
This Bill would restore property rights to
hundreds of U.S. citizens who have been victimized by these federal
agencies. We need to take back the Senate
in 2014 and move this Bill through to the House.
Norb Leahy, Dunwoody GA Tea Party Leader
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