text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Defense of Environment and Property 
  Act of 2015''.
  
  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 (including by regulation)--
                              ``(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) 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 (including restoration, preservation, and 
                  enhancement) of land and water resources, the State or 
                  individual property owner may obtain expedited judicial 
                  review not later than 30 days after the date on which 
                  the determination is made in a district court of the 
                  United States, of appropriate jurisdiction and venue, 
                  that is located within the State seeking the review.
                      ``(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.
                      ``(G) Prohibition on use of nexus test.--
                  Notwithstanding any other provision of law, the 
                  Administrator may not use a significant nexus test (as 
                  used by EPA in the proposed document listed in section 
                  3(a)(1)) to determine Federal jurisdiction over 
                  navigable waters and waters of the United States.''.
      (b) 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'' or ``waters of the United States''.
      (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 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to specify the types of water bodies that are &quot;navigable waters&quot; and therefore fall under the scope of the Act. Groundwater is considered to be state water. Activities carried out by the Environmental Protection Agency (EPA) or the U.S. Army Corps of Engineers may not impinge upon states' power over land and water use. States or individual property owners may obtain judicial review of jurisdictional determinations by the EPA or the Army Corps that would affect their ability to plan the development and use of land and water resources within 30 days after a determination. The EPA may not use a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. The following rules are nullified: (1) the Army Corps' rule entitled &quot;Final Rule for Regulatory Programs of the Corps of Engineers,&quot; (2) the EPA's proposed rule entitled &quot;Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States,'&quot; (3) the guidance document entitled &quot;Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States &amp; Carabell v. United States&quot; (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 &quot;navigable waters.&quot; The Army Corps and the EPA may not promulgate rules or issue guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.  Federal agencies must obtain the consent of private property owners prior to entering their land to collect information about navigable waters. 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 must pay the affected property owner an amount equal to twice the value of the loss. Until the landowners have been compensated, such a regulation will have no force or effect.
feat_title: Defense of Environment and Property Act of 2015