Property Rights Protection Act of 2020

I 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 fol- lowing bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be sub- sequently 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Property Rights Pro- 4 tection Act of 2020’’. 5 SEC. 2. WATER RIGHTS. 6 (a) DEFINITIONS.—In this section: 7 (1) SECRETARY.—The term ‘‘Secretary’’ 8 means, as applicable— 9 (A) the Secretary of Agriculture; or 10 VerDate Sep 11 2014 21:48 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 5601 IH (B) the Secretary of the Interior. 1 (2) WATER RIGHT.—The term ‘‘water right’’ 2 means any surface, groundwater, or storage use 3 filed, permitted, certificated, confirmed, decreed, ad- 4 judicated, or otherwise recognized by a judicial pro- 5 ceeding or by the State in which the user acquires 6 possession of the water or puts it to beneficial use. 7 Such term shall include water rights for federally 8 recognized Indian Tribes. 9 (b) TREATMENT OF WATER RIGHTS.—The Secretary 10 shall not— 11 (1) condition the issuance, renewal, amendment, 12 or extension of any permit, approval, license, lease, 13 allotment, easement, right-of-way, or other land use 14 or occupancy agreement on the transfer of any water 15 right (including joint and sole ownership) directly or 16 indirectly to the United States, or on any impair- 17 ment of title or interest, in whole or in part, granted 18 or otherwise recognized under State law, by Federal 19 or State adjudication, decree, or other judgment, or 20 pursuant to any interstate water compact; or 21 (2) require any water user (including any feder- 22 ally recognized Indian Tribe) to apply for or acquire 23 a water right in the name of the United States 24 under State law as a condition of the issuance, re- 25 VerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 5601 IH newal, amendment, or extension of any permit, ap- 1 proval, license, lease, allotment, easement, right-of- 2 way, or other land use or occupancy agreement. 3 (c) POLICY DEVELOPMENT.—In developing any rule, 4 policy, directive, management plan, or similar Federal ac- 5 tion relating to the issuance, renewal, amendment, or ex- 6 tension of any permit, approval, license, lease, allotment, 7 easement, right-of-way, or other land use or occupancy 8 agreement, the Secretary— 9 (1) shall— 10 (A) recognize the longstanding authority of 11 the States relating to evaluating, protecting, al- 12 locating, regulating, permitting, and adjudi- 13 cating water use; and 14 (B) coordinate with the States to ensure 15 that any rule, policy, directive, management 16 plan, or similar Federal action is consistent 17 with, and imposes no greater restriction or reg- 18 ulatory requirement, than applicable State 19 water law; and 20 (2) shall not— 21 (A) adversely affect— 22 (i) the authority of a State in— 23 (I) permitting the beneficial use 24 of water; or 25 VerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 5601 IH (II) adjudicating water rights; 1 (ii) any definition established by a 2 State with respect to the term ‘‘beneficial 3 use’’, ‘‘priority of water rights’’, or ‘‘terms 4 of use’’; or 5 (iii) any other right or obligation of a 6 State established under State law; or 7 (B) assert any connection between surface 8 and groundwater that is inconsistent with such 9 a connection recognized by State water laws. 10 (d) EFFECT.— 11 (1) EXISTING AUTHORITY.—Nothing in this 12 section limits or expands any existing legally recog- 13 nized authority of the Secretary to issue, grant, or 14 condition any permit, approval, license, lease, allot- 15 ment, easement, right-of-way, or other land use or 16 occupancy agreement on Federal land that is subject 17 to the jurisdiction of the Secretary. 18 (2) RECLAMATION CONTRACTS.—Nothing in 19 this section in any way interferes with any existing 20 or future Bureau of Reclamation contract entered 21 into pursuant to Federal reclamation law (the Act of 22 June 17, 1902 (32 Stat. 388, chapter 1093), and 23 Acts supplemental to and amendatory of that Act). 24 VerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS 5 •HR 5601 IH (3) ENDANGERED SPECIES ACT.—Nothing in 1 this section affects the implementation of the En- 2 dangered Species Act of 1973 (16 U.S.C. 1531 et 3 seq.). 4 (4) FEDERAL RESERVED WATER RIGHTS.— 5 Nothing in this section limits or expands any exist- 6 ing reserved water rights of the Federal Government 7 on land administered by the Secretary. 8 (5) FEDERAL POWER ACT.—Nothing in this 9 section limits or expands authorities pursuant to sec- 10 tion 4(e), 10(j), or 18 of the Federal Power Act (16 11 U.S.C. 797(e), 803(j), 811). 12 (6) INDIAN WATER RIGHTS.—Nothing in this 13 section limits or expands any existing reserved water 14 right or treaty right of any federally recognized In- 15 dian Tribe. 16 (7) FEDERALLY HELD STATE WATER 17 RIGHTS.—Nothing in this section limits the ability of 18 the Secretary, through applicable State procedures, 19 to acquire, use, enforce, or protect a State water 20 right owned by the United States. 21 SEC. 3. NON-FEDERALLY OWNED PROPERTY. 22 (a) IN GENERAL.—After the date of enactment of 23 this Act, non-federally owned land and water may not be 24 declared as critical habitat without the express written 25 VerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS 6 •HR 5601 IH consent of the owners of such non-federally owned prop- 1 erty unless the Secretary determines there is a risk of ex- 2 tinction of a threatened or endangered species without 3 such designation. 4 (b) COMPENSATION.—Except as provided in sub- 5 section (c)(2), not later than 180 days after the date on 6 which an agency action takes place, the Secretary shall 7 pay an owner or lessee an amount equal to 150 percent 8 of the fair market value of the real property determined 9 in accordance with subsection (c)(1). 10 (c) DETERMINATION OF FAIR MARKET VALUE.— 11 (1) IN GENERAL.—The fair market value de- 12 scribed in subsection (b) shall be determined by 2 li- 13 censed independent appraisers of whom— 14 (A) 1 shall be chosen by the Secretary; and 15 (B) 1 shall be chosen by the owner or les- 16 see. 17 (2) FAILURE TO AGREE ON FAIR MARKET 18 VALUE.— 19 (A) IN GENERAL.—If the appraisers cho- 20 sen under subsection (a) fail to agree on the 21 same fair market value, the Secretary and the 22 owner shall jointly select an additional licensed 23 independent appraiser to determine the fair 24 market value. 25 VerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS 7 •HR 5601 IH (B) EXTENSION OF TIME TO MAKE DETER- 1 MINATION.—The licensed independent appraiser 2 described in subsection (a) shall determine the 3 fair market value not later than 270 days after 4 the date on which the agency action takes 5 place. 6 (3) COSTS.—The Secretary shall be responsible 7 for all costs relating to the determination of fair 8 market value made under this section. 9 SEC. 4. OBTAINING PERMISSION FOR ACCESS TO PRIVATE 10 LANDS. 11 The Secretary of the Interior shall, not later than 180 12 days after the date of enactment of this Act, issue a final 13 rule requiring the United States Fish and Wildlife Service 14 to follow rules substantially similar to the requirements 15 in the United States Geological Survey Survey Manual 16 Chapter 500.11, as in effect on August 22, 2008. 17 SEC. 5. DEFENSE OF LIFE OR PROPERTY. 18 (a) IN GENERAL.—Notwithstanding any other provi- 19 sion of law, it shall not be a violation of law to take any 20 animal if such animal poses a recurring threat to life and 21 property. 22 VerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS 8 •HR 5601 IH (b) DEFINITIONS.—In this section, the term take has 1 the meaning given such term in section 3 of the Endan- 2 gered Species Act of 1973 (16 U.S.C. 1532). 3 Æ VerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H5601.IH H5601 lotter on DSKBCFDHB2PROD with BILLS