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Defense of Environment and Property Act of 2021
12/30/2022, 8:03 AM
Summary of Bill HR 5849
The bill aims to provide property owners with more rights and protections when it comes to federal regulations that may affect their land. It seeks to ensure that property owners are able to defend their property against government overreach and excessive regulation.
One key aspect of the bill is the establishment of a process for property owners to seek compensation for any losses incurred as a result of federal regulations. This process would allow property owners to file claims for damages and seek restitution for any harm caused by government actions. Additionally, the bill includes provisions to increase transparency and accountability in the regulatory process. It requires federal agencies to provide clear explanations for their regulations and to consider the impact on property owners before implementing new rules. Overall, the Defense of Environment and Property Act of 2021 aims to strike a balance between protecting the environment and safeguarding the rights of property owners. It seeks to ensure that federal regulations are fair and reasonable, while also providing avenues for property owners to seek redress if they believe their rights have been violated.
Congressional Summary of HR 5849
Defense of Environment and Property Act of 2021
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 Migratory Bird rule and a 2008 guidance document about the definition of waters under the jurisdiction of the Clean Water Act. 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.
