Text: H.R.1966 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (04/06/2017)


115th CONGRESS
1st Session
H. R. 1966


To provide protections and certainty for private landowners related to resurveying certain Federal land under the administrative jurisdiction of the Bureau of Land Management, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

April 6, 2017

Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources


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, 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. Bureau 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 Secretary 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 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 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 shall use the most recently available tax records.

(b) Public comment.—Not later than 30 days after completing a resurvey, the Secretary shall publish a notice in the Federal Register. Affected landowners may comment to the Secretary 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.—The term “Secretary” means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.


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