text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Defense of Environment and Property 
  Act of 2012''.
  
  SEC. 2. NAVIGABLE WATERS.
  
      (a) In General.--Section 502 of the Federal Water Pollution Control 
  Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting 
  the following:
              ``(7) Navigable waters.--
                      ``(A) In general.--The term `navigable waters' 
                  means the waters of the United States, including the 
                  territorial seas, that are--
                              ``(i) navigable-in-fact; or
                              ``(ii) 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.
                      ``(B) Exclusions.--The term `navigable waters' does 
                  not include--
                              ``(i) waters that--
                                      ``(I) do not physically abut waters 
                                  described in subparagraph (A); and
                                      ``(II) lack a continuous surface 
                                  water connection to navigable waters;
                              ``(ii) man-made or natural structures or 
                          channels--
                                      ``(I) through which water flows 
                                  intermittently or ephemerally; or
                                      ``(II) that periodically provide 
                                  drainage for rainfall; or
                              ``(iii) wetlands without a continuous 
                          surface connection to bodies of water that are 
                          waters of the United States.
                      ``(C) EPA and corps activities.--An activity 
                  carried out by the Administrator or the Corps of 
                  Engineers shall not, without explicit State 
                  authorization, impinge upon the traditional and primary 
                  power of States over land and water use.
                      ``(D) Aggregation; wetlands.--
                              ``(i) Aggregation.--Aggregation of wetlands 
                          or waters not described in clauses (i) through 
                          (iii) of subparagraph (B) shall not be used to 
                          determine or assert Federal jurisdiction.
                              ``(ii) Wetlands.--Wetlands described in 
                          subparagraph (B)(iii) shall not be considered 
                          to be under Federal jurisdiction.
                      ``(E) Appeals.--A jurisdictional determination by 
                  the Administrator that would affect the ability of a 
                  State to plan the development and use (including 
                  restoration, preservation, and enhancement) of land and 
                  water resources may be appealed by the State during the 
                  30-day period beginning on the date of the 
                  determination.
                      ``(F) Treatment of ground water.--Ground water 
                  shall--
                              ``(i) be considered to be State water; and
                              ``(ii) not be considered in determining or 
                          asserting Federal jurisdiction over isolated or 
                          other waters, including intermittent or 
                          ephemeral water bodies.''.
      (b) Prohibition on Use of Nexus Test.--Notwithstanding any other 
  provision of law, the Administrator of the Environmental Protection 
  Agency may not use a significant nexus test (as used by the 
  Environmental Protection Agency in the document listed in section 
  3(a)(3) of this Act) to determine Federal jurisdiction over navigable 
  waters and waters of the United States (as those terms are defined and 
  used, respectively, in section 502 of the Federal Water Pollution 
  Control Act (33 U.S.C. 1362)).
      (c) Applicability.--Nothing in this section or the amendments made 
  by this section affects or alters any exemption under--
              (1) section 402(l) of the Federal Water Pollution Control 
          Act (33 U.S.C. 1342(l)); or
              (2) section 404(f) of the Federal Water Pollution Control 
          Act (33 U.S.C. 1344(f)).
  
  SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.
  
      (a) In General.--The following regulations and guidance shall have 
  no force or effect:
              (1) The final rule of the Corps of Engineers entitled 
          ``Final Rule for Regulatory Programs of the Corps of 
          Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).
              (2) 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''' (68 Fed. Reg. 1991 (January 15, 2003)).
              (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''' 
          (December 2, 2008) (relating to the definition of waters under 
          the jurisdiction of the Federal Water Pollution Control Act (33 
          U.S.C. 1251 et seq.)).
              (4) Any subsequent regulation of or guidance issued by any 
          Federal agency that defines or interprets the term ``navigable 
          waters''.
      (b) Prohibition.--The Secretary of the Army, acting through the 
  Chief of Engineers, 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 Congress.
  
  SEC. 4. STATE REGULATION OF WATER.
  
      Nothing in this Act affects, amends, or supersedes--
              (1) the right of a State to regulate waters in the State; 
          or
              (2) the duty of a landowner to adhere to any State nuisance 
          laws (including regulations) relating to waters in the State.
  
  SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES.
  
      Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 
  1318) is amended by striking subsection (a) and inserting the 
  following:
      ``(a) In General.--
              ``(1) 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--
                      ``(A) has consented to the entry in writing;
                      ``(B) is notified regarding the date of the entry; 
                  and
                      ``(C) is given access to any data collected from 
                  the entry.
              ``(2) Access.--If a landowner consents to entry under 
          paragraph (1), the landowner shall have the right to be present 
          at the time any data collection on the property of the 
          landowner is carried out.''.
  
  SEC. 6. COMPENSATION FOR REGULATORY TAKING.
  
      (a) 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 property, as determined by an 
  independent appraiser, the Federal agency issuing the regulation shall 
  pay the affected property owner an amount equal to twice the value of 
  the loss.
      (b) Administration.--Any payment provided under subsection (a) 
  shall be made from the amounts made available to the relevant agency 
  head for general operations of the agency.
      (c) Applicability.--A Federal regulation described in subsection 
  (a) 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 section.
target: Defense of Environment and Property Act of 2012 - 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 to appeal jurisdictional determinations by the Administrator that would affect their ability to plan the development and use of land and water resources for 30 days after such determination.
  
  Considers ground water to be state water. Prohibits ground water 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.
  
  Gives no force or effect to: (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 of 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.
feat_title: To clarify the definition of navigable waters, and for other purposes.