[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5077 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5077
To provide protections and certainty for private landowners related to
resurveying certain Federal land under the administrative jurisdiction
of the Bureau of Land Management, the National Park Service, and the
Forest Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2019
Mr. Tipton introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
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A BILL
To provide protections and certainty for private landowners related to
resurveying certain Federal land under the administrative jurisdiction
of the Bureau of Land Management, the National Park Service, and the
Forest Service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resurveys Entitle Adjacent
Landowners to Protection Act'' or the ``REAL Protection Act''.
SEC. 2. RESURVEY TRANSPARENCY; NOTICE REQUIREMENTS.
(a) Notice.--
(1) In general.--Not later than 30 days before the
commencement of a resurvey of Federal land under the
administrative jurisdiction of the Bureau of Land Management,
the National Park Service, or the Forest Service, the Secretary
concerned shall notify all property owners with land abutting
or adjacent to the Federal land being resurveyed of the pending
resurvey. If a resurvey extends the boundaries of Federal land,
the Secretary concerned shall notify affected landowners of the
results of the resurvey not later than 30 days after the
completion of the survey.
(2) Notification.--The Secretary concerned shall use
certified or registered mail to notify landowners under this
subsection.
(3) Identification of landowners.--When identifying
affected landowners for the purpose of notification under this
subsection, the Secretary concerned shall use the most recently
available tax records.
(b) Public Comment.--Not later than 30 days after completing a
resurvey, the Secretary concerned shall publish a notice in the Federal
Register. Affected landowners may comment to the Secretary concerned
and by submitting formal comments to the Federal Register notice.
SEC. 3. PROTECTION OF PERSONS.
If a resurvey results in land previously thought to be privately
owned to be reclassified as Federal land, the persons thought to be a
private owner of such land--
(1) shall--
(A) be given the right of first refusal to purchase
the land for fair market value minus the value of any
significant improvements made to such lands; or
(B) be reimbursed for the fair market value of any
significant improvements made to such lands; and
(2) may not be charged with willful trespass onto such land
unless the person used such lands with the knowledge that the
lands should be classified as Federal land.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Resurvey.--The term ``resurvey'' means an official
rerunning and remarking intended to supersede the records of
the original survey.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, when referring
Federal land under the administrative jurisdiction of
the Bureau of Land Management or the National Park
Service; and
(B) the Secretary of Agriculture, when referring to
Federal land under the administrative jurisdiction of
the Forest Servcie.
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