Landowner Easement Rights Act

I 116TH CONGRESS 2D SESSION H. R. 8521 To provide that the Secretary of the Interior may not enter into certain conservation easements with a term of more than 50 years, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 2, 2020 Mr. PETERSON (for himself and Mr. ARMSTRONG) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide that the Secretary of the Interior may not enter into certain conservation easements with a term of more than 50 years, 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 ‘‘Landowner Easement 4 Rights Act’’. 5 SEC. 2. LIMITATION ON CONSERVATION EASEMENT TERMS. 6 After the date of the enactment of this Act, the Sec- 7 retary may not enter into a conservation easement with 8 a term of more than 50 years. 9 VerDate Sep 11 2014 20:40 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8521.IH H8521 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8521 IH SEC. 3. RENEGOTIATION OF CONSERVATION EASEMENTS. 1 At the request of an owner of land that is subject 2 to an eligible conservation easement, the Secretary shall— 3 (1) not later the 6 months after the Secretary 4 receives the request from the landowner, provide to 5 the landowner— 6 (A) a detailed map of the easement; and 7 (B) notice of the current fair market value 8 of the easement as determined by the Secretary; 9 and 10 (2) renegotiate the terms of the eligible con- 11 servation easement, including— 12 (A) a term not longer than 50 years; and 13 (B) payment by the Secretary to the land- 14 owner in an amount equal to the fair market 15 value of the easement, as determined by the 16 Secretary under paragraph (1)(B), minus the 17 amount paid by the Secretary for the eligible 18 conservation easement being renegotiated (ad- 19 justed for inflation); or 20 (3) allow the landowner to buy back the eligible 21 conservation easement or a portion of the eligible 22 conservation easement at fair market value, as de- 23 termined by the Secretary. 24 VerDate Sep 11 2014 20:40 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8521.IH H8521 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8521 IH SEC. 4. NOTICE TO LANDOWNERS. 1 The Secretary shall notify the owner of the land sub- 2 ject to that conservation easement of the owner’s right to 3 submit a request under section 3— 4 (1) not later than 3 months before the con- 5 servation easement becomes an eligible conservation 6 easement described in section 5(2)(A); and 7 (2) not later than 1 year before the conserva- 8 tion easement becomes an eligible conservation ease- 9 ment described in section 5(2)(B). 10 SEC. 5. DEFINITIONS. 11 In this Act: 12 (1) CONSERVATION EASEMENT.—The term 13 ‘‘conservation easement’’— 14 (A) means a voluntary, legal agreement be- 15 tween a landowner and the Secretary that limits 16 use of the land in order to protect its conserva- 17 tion values; and 18 (B) does not include agreements— 19 (i) with Indian Tribes; or for 20 (ii) related to utilities. 21 (2) ELIGIBLE CONSERVATION EASEMENT.—The 22 term ‘‘eligible conservation easement’’ means a con- 23 servation easement that— 24 (A) has been in effect for longer than 50 25 years; or 26 VerDate Sep 11 2014 20:40 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8521.IH H8521 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8521 IH (B) was put into effect before 1977 with- 1 out the creation of an official corresponding 2 map. 3 (3) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of the Interior. 5 Æ VerDate Sep 11 2014 20:40 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8521.IH H8521 pbinns on DSKJLVW7X2PROD with BILLS