S. 5262

Defense of Environment and Property Act of 2026

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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:

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(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.