The Defense of Environment and Property Act of 2026 narrows the definition of which waters fall under federal regulation by the Environmental Protection Agency and Army Corps of Engineers. The bill limits federal jurisdiction to waters that are actually navigable or are permanent bodies of water like streams, rivers, and lakes directly connected to navigable waters, while explicitly excluding most wetlands, intermittent waterways, and isolated water bodies. The legislation also transfers authority over groundwater to states and prohibits federal agencies from using certain analytical tests to expand their jurisdiction over water resources. Additionally, the bill requires property owners to give written consent before federal representatives can enter their land, prevents the EPA and Corps from issuing new guidance expanding their water jurisdiction without congressional approval, and requires the federal government to compensate property owners at twice the value of any economic losses caused by federal water regulations. These changes significantly reduce federal environmental oversight and increase state control and private property rights in water resource management.
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