Defense of Environment and Property Act of 2013
Latest action. Read twice and referred to the Committee on Environment and Public Works.
Defense of Environment and Property Act of 2013 - 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 or individual property owners to obtain judicial review of jurisdictional determinations by the Administrator or the Secretary of the Army that would affect their ability to plan the development and use of land and water resources within 30 days after such a determination.
Considers groundwater to be state water. Prohibits groundwater 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.
Nullifies: (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 or guidance issued by federal agencies that defines or interprets the term "navigable waters."
The summary continues for 3 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on May 7, 2013. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on May 7, 2013: Read twice and referred to the Committee on Environment and Public Works.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 113th Congress (2013-14), 296 of the 9,091 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Rand Paul (R-KY) introduced it on May 7, 2013, and 8 members have since signed on as cosponsors.
They are 8 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on May 7, 2013, 4874 days ago. The most recent recorded action was 4874 days ago, on May 7, 2013.
Measures do not carry over. Anything the 113th Congress has not finished by January 3, 2015 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers