S 376 · 116th Congress 2019–2021, ended

Defense of Environment and Property Act of 2019

Fact sheet

Latest action · Feb 7, 2019 Read twice and referred to the Committee on Environment and Public Works.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 7, 2019
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Defense of Environment and Property Act of 2019

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 2015 Waters of the United States (WOTUS) rule, the Migratory Bird rule, and a related guidance document issued in 2008. 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.

Cosponsors 3

Members who signed on, in the order they did. All signed on Feb 7, 2019.

SeatCosponsorSigned on
R-FLMarco RubioOriginalFeb 7, 2019
R-UTMike LeeOriginalFeb 7, 2019
R-TXTed CruzOriginalFeb 7, 2019

Actions 2

Everything that happened, newest first.

  1. Feb 7, 2019Introduced in Senate
  2. Feb 7, 2019Read twice and referred to the Committee on Environment and Public Works.

Subjects

Assigned by the Library of Congress. Policy area: Environmental Protection.

Text 1

Each version as it was printed, newest first.

  1. Feb 7, 2019Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.