[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5601 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5601
To protect private property rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2020
Mr. Norman (for himself, Mr. Gosar, Mr. Crawford, Mr. Gianforte, Ms.
Cheney, Mr. Newhouse, and Mr. McClintock) 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
_______________________________________________________________________
A BILL
To protect private property rights, 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 ``Property Rights Protection Act of
2020''.
SEC. 2. WATER RIGHTS.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means, as
applicable--
(A) the Secretary of Agriculture; or
(B) the Secretary of the Interior.
(2) Water right.--The term ``water right'' means any
surface, groundwater, or storage use filed, permitted,
certificated, confirmed, decreed, adjudicated, or otherwise
recognized by a judicial proceeding or by the State in which
the user acquires possession of the water or puts it to
beneficial use. Such term shall include water rights for
federally recognized Indian Tribes.
(b) Treatment of Water Rights.--The Secretary shall not--
(1) condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement on the transfer of any water right (including joint
and sole ownership) directly or indirectly to the United
States, or on any impairment of title or interest, in whole or
in part, granted or otherwise recognized under State law, by
Federal or State adjudication, decree, or other judgment, or
pursuant to any interstate water compact; or
(2) require any water user (including any federally
recognized Indian Tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement.
(c) Policy Development.--In developing any rule, policy, directive,
management plan, or similar Federal action relating to the issuance,
renewal, amendment, or extension of any permit, approval, license,
lease, allotment, easement, right-of-way, or other land use or
occupancy agreement, the Secretary--
(1) shall--
(A) recognize the longstanding authority of the
States relating to evaluating, protecting, allocating,
regulating, permitting, and adjudicating water use; and
(B) coordinate with the States to ensure that any
rule, policy, directive, management plan, or similar
Federal action is consistent with, and imposes no
greater restriction or regulatory requirement, than
applicable State water law; and
(2) shall not--
(A) adversely affect--
(i) the authority of a State in--
(I) permitting the beneficial use
of water; or
(II) adjudicating water rights;
(ii) any definition established by a State
with respect to the term ``beneficial use'',
``priority of water rights'', or ``terms of
use''; or
(iii) any other right or obligation of a
State established under State law; or
(B) assert any connection between surface and
groundwater that is inconsistent with such a connection
recognized by State water laws.
(d) Effect.--
(1) Existing authority.--Nothing in this section limits or
expands any existing legally recognized authority of the
Secretary to issue, grant, or condition any permit, approval,
license, lease, allotment, easement, right-of-way, or other
land use or occupancy agreement on Federal land that is subject
to the jurisdiction of the Secretary.
(2) Reclamation contracts.--Nothing in this section in any
way interferes with any existing or future Bureau of
Reclamation contract entered into pursuant to Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that
Act).
(3) Endangered species act.--Nothing in this section
affects the implementation of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(4) Federal reserved water rights.--Nothing in this section
limits or expands any existing reserved water rights of the
Federal Government on land administered by the Secretary.
(5) Federal power act.--Nothing in this section limits or
expands authorities pursuant to section 4(e), 10(j), or 18 of
the Federal Power Act (16 U.S.C. 797(e), 803(j), 811).
(6) Indian water rights.--Nothing in this section limits or
expands any existing reserved water right or treaty right of
any federally recognized Indian Tribe.
(7) Federally held state water rights.--Nothing in this
section limits the ability of the Secretary, through applicable
State procedures, to acquire, use, enforce, or protect a State
water right owned by the United States.
SEC. 3. NON-FEDERALLY OWNED PROPERTY.
(a) In General.--After the date of enactment of this Act, non-
federally owned land and water may not be declared as critical habitat
without the express written consent of the owners of such non-federally
owned property unless the Secretary determines there is a risk of
extinction of a threatened or endangered species without such
designation.
(b) Compensation.--Except as provided in subsection (c)(2), not
later than 180 days after the date on which an agency action takes
place, the Secretary shall pay an owner or lessee an amount equal to
150 percent of the fair market value of the real property determined in
accordance with subsection (c)(1).
(c) Determination of Fair Market Value.--
(1) In general.--The fair market value described in
subsection (b) shall be determined by 2 licensed independent
appraisers of whom--
(A) 1 shall be chosen by the Secretary; and
(B) 1 shall be chosen by the owner or lessee.
(2) Failure to agree on fair market value.--
(A) In general.--If the appraisers chosen under
subsection (a) fail to agree on the same fair market
value, the Secretary and the owner shall jointly select
an additional licensed independent appraiser to
determine the fair market value.
(B) Extension of time to make determination.--The
licensed independent appraiser described in subsection
(a) shall determine the fair market value not later
than 270 days after the date on which the agency action
takes place.
(3) Costs.--The Secretary shall be responsible for all
costs relating to the determination of fair market value made
under this section.
SEC. 4. OBTAINING PERMISSION FOR ACCESS TO PRIVATE LANDS.
The Secretary of the Interior shall, not later than 180 days after
the date of enactment of this Act, issue a final rule requiring the
United States Fish and Wildlife Service to follow rules substantially
similar to the requirements in the United States Geological Survey
Survey Manual Chapter 500.11, as in effect on August 22, 2008.
SEC. 5. DEFENSE OF LIFE OR PROPERTY.
(a) In General.--Notwithstanding any other provision of law, it
shall not be a violation of law to take any animal if such animal poses
a recurring threat to life and property.
(b) Definitions.--In this section, the term take has the meaning
given such term in section 3 of the Endangered Species Act of 1973 (16
U.S.C. 1532).
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