Defense of Environment and Property Act of 2026
Sponsored By: Senator Paul, Rand [R-KY]
Introduced
Summary
This bill would limit federal Clean Water Act jurisdiction by narrowing "navigable waters" to waters with direct, continuous connections to traditionally navigable waters and by blocking agencies from expanding that definition. It would also strengthen property-owner protections, state primacy over water regulation, and require compensation rules for regulatory impacts on land value.
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- Property owners: Landowners would gain written-consent and notice rights for federal entry, the right to be present during data collection, expedited judicial review of jurisdictional determinations within 30 days, and a compensation remedy that pays twice the appraised loss if a regulation reduces property value.
- States and local users: States would keep their authority to regulate waters in the State and to enforce state nuisance laws without interference from the bill's changes.
- Federal regulators and rules: The Environmental Protection Agency and Army Corps would be barred from using the "significant nexus" test, certain past Corps rules and guidance would be void, and agencies could not issue new guidance that expands the definition of navigable waters without explicit congressional authorization.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Double compensation for property losses
If enacted, you would get paid if a federal water regulation cuts your property's fair market value or economic viability. An independent appraiser would set the loss and the agency would pay you twice that appraised loss. Payments would come from the agency's available operations funds. The covered regulation would not have force or effect until every landowner with a claim under it is paid.
Narrow federal water jurisdiction
If enacted, the bill would sharply narrow which waters count as federal "navigable waters." It would limit federal reach to waters that are navigable-in-fact or permanent, standing, or continuously flowing bodies connected to navigable waters. The bill would exclude intermittent or ephemeral channels, many wetlands without a continuous surface connection, and groundwater from federal jurisdiction. It would also bar the use of aggregation or the "significant nexus" test and stop EPA and the Army Corps from expanding the definition without Congress.
Stronger landowner inspection and court rights
If enacted, federal agents would need your written consent and a notice of the entry date before entering private land to collect water data. You would have the right to access any data they collect and to be present during collection if you consent. If a jurisdiction decision affects your land planning, you or your State would be able to seek expedited review in a U.S. district court in your State within 30 days.
Sponsors & CoSponsors
Sponsor
Paul, Rand [R-KY]
KY • R
Cosponsors
Sen. Lee, Mike [R-UT]
UT • R
Sponsored 8/5/2026
Sen. Cruz, Ted [R-TX]
TX • R
Sponsored 8/5/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov