[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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