,i #aacth ,,congress #ast ,session ,h4 ,r4 #ccgg ,,in ,,the ,,house ,,of ,,representatives ,october #bi1 #bjac ,mr4 ,thornberry introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to clarify the definition of navigable waters1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,defense of ,environment and ,property ,act of #bjac4 #b4 ,navigable waters 7a7 ,in general ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended by striking paragraph 7#g7 and inserting the following3 7#g7 ,navigable waters 7,a7 ,in general ,the term navigable waters means the waters of the ,united ,states1 including the territorial seas1 that are-- 7i7 navigable-in-fact2 or 7ii7 permanent or continuously flowing bodies of water that form geographical features commonly known as streams1 oceans1 rivers1 and lakes that are connected to waters that are navigable-in-fact4 7,b7 ,exclusions ,the term navigable waters does not include 7including by regulation7-- 7i7 waters that-- 7,i7 do not physically abut waters described in subparagraph 7,a72 and 7,,ii7 lack a continuous surface water connection to navigable waters2 7ii7 man-made or natural structures or channels-- 7,i7 through which water flows intermittently or ephemerally2 or 7,,ii7 that periodically provide drainage for rainfall2 or 7iii7 wetlands without a continuous surface connection to bodies of water that are waters of the ,united ,states4 7,c7 ,,epa and ,corps activities ,an activity carried out by the ,administrator or the ,corps of ,engineers shall not1 without explicit ,state authorization1 impinge upon the traditional and primary power of ,states over land and water use4 7,d7 ,aggregation2 wetlands 7i7 ,aggregation ,aggregation of wetlands or waters not described in clauses 7i7 through 7iii7 of subparagraph 7,b7 shall not be used to determine or assert ,federal jurisdiction4 7ii7 ,wetlands ,wetlands described in subparagraph 7,b77iii7 shall not be considered to be under ,federal jurisdiction4 7,e7 ,judicial review ,if a jurisdictional determination by the ,administrator or the ,secretary of the ,army would affect the ability of a ,state or individual property owner to plan the development and use 7including restoration1 preservation1 and enhancement7 of land and water resources1 the ,state or individual property owner may obtain expedited judicial review not later than #cj days after the date on which the determination is made in a district court of the ,united ,states1 of appropriate jurisdiction and venue1 that is located within the ,state seeking the review4 7,f7 ,treatment of ground water ,ground water shall-- 7i7 be considered to be ,state water2 and 7ii7 not be considered in determining or asserting ,federal jurisdiction over isolated or other waters1 including intermittent or ephemeral water bodies4 7,g7 ,prohibition on use of nexus test ,notwithstanding any other provision of law1 the ,administrator may not use a significant nexus test 7as used by ,,epa in the proposed document listed in section #c7;a77#a77 to determine ,federal jurisdiction over navigable waters and waters of the ,united ,states4 4 7b7 ,applicability ,nothing in this section or the amendments made by this section affects or alters any exemption under-- 7#a7 section #djb7l7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7l772 or 7#b7 section #djd7;f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;f774 #c4 ,applicability of agency regulations and guidance 7a7 ,in general ,the following regulations and guidance shall have no force or effect3 7#a7 ,the final rule of the ,corps of ,engineers entitled ,final ,rule for ,regulatory ,programs of the ,corps of ,engineers 7#ea ,fed4 ,reg4 #dabjf 7,november #ac1 #aihf774 7#b7 ,the proposed rule of the ,environmental ,protection ,agency entitled ,advance ,notice of ,proposed ,rulemaking on the ,clean ,water ,act ,regulatory ,definition of ,waters of the ,united ,states 7#fh ,fed4 ,reg4 #aiia 7,january #ae1 #bjjc774 7#c7 ,the guidance document entitled ,clean ,water ,act ,jurisdiction ,following the ,u4,s4 ,supreme ,court's ,decision in ,rapanos v4 ,united ,states ,carabell v4 ,united ,states 7,december #b1 #bjjh7 7relating to the definition of waters under the jurisdiction of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq4774 7#d7 ,any subsequent regulation of or guidance issued by any ,federal agency that defines or interprets the term navigable waters4 7b7 ,prohibition ,the ,secretary of the ,army1 acting through the ,chief of ,engineers1 and the ,administrator of the ,environmental ,protection ,agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by ,congress4 #d4 ,state regulation of water ,nothing in this ,act affects1 amends1 or supersedes-- 7#a7 the right of a ,state to regulate waters in the ,state2 or 7#b7 the duty of a landowner to adhere to any ,state nuisance laws 7including regulations7 relating to waters in the ,state4 #e4 ,consent for entry by ,federal representatives ,section #cjh of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acah7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,in general 7#a7 ,entry by ,federal agency ,a representative of a ,federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- 7,a7 has consented to the entry in writing2 7,b7 is notified regarding the date of the entry2 and 7,c7 is given access to any data collected from the entry4 7#b7 ,access ,if a landowner consents to entry under paragraph 7#a71 the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out4 4 #f4 ,compensation for regulatory taking 7a7 ,in general ,if a ,federal regulation relating to the definition of navigable waters or waters of the ,united ,states diminishes the fair market value or economic viability of a property1 as determined by an independent appraiser1 the ,federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss4 7b7 ,administration ,any payment provided under subsection 7a7 shall be made from the amounts made available to the relevant agency head for general operations of the agency4 7c7 ,applicability ,a ,federal regulation described in subsection 7a7 shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section4