[Congressional Record Volume 145, Number 82 (Thursday, June 10, 1999)]
[Senate]
[Pages S6859-S6860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 1202. A bill to require a warrant of consent before an inspection 
of land may be carried out to enforce any law administered by the 
Secretary of the Interior; to the Committee on Energy and Natural 
Resources.


                private property protection act of 1999

  Mr. CAMPBELL. Mr. President, today I introduce the Private Property 
Protection Act of 1999.
  This bill would require that Interior Department personnel obtain 
either the property owner's permission or a properly attained and legal 
search warrant before they enter someone's private property.
  America's law abiding private property owners, especially our 
ranchers and farmers, should not be subject to unwarranted trespassing 
and egregious random searches by federal bureaucrats. They deserve to 
be treated fairly and according to the law, just like other Americans. 
They deserve the same private property rights that other Americans 
enjoy.
  Under our legal system, if appropriate sworn law enforcement officers 
can demonstrate to a judge that there is probable cause to believe that 
a person has broken the law, and that there is a justified need to 
enter a property, then those law enforcement officials can obtain a 
search warrant to enter and search a private property. This is 
reasonable, just and how it should be. I have a firsthand understanding 
of this from the time I served as a Deputy Sheriff.
  However, all too often our ranchers, farmers and other private 
property owners are being denied these same basic legal property rights 
when it comes to federal employees operating under endangered species 
laws. Interior Department employees are trespassing on private property 
without the owner's permission or a search warrant. Many of these 
Interior Department employees who are trespassing have no sworn legal 
authority whatsoever.
  Disturbing incidents of federal agency personnel operating outside of 
the law, and willfully trespassing on private property without any 
legal just

[[Page S6860]]

cause, threatens to erode our fundamental property rights. One 
particular case that occurred in El Paso County, in my home state of 
Colorado, stands as a prime example.
  A February 5th, 1999 article entitled ``Federal employee pleads no 
contest to trespassing'' in the AG JOURNAL illustrates this El Paso 
County case. Last fall, a U.S. Fish and Wildlife Service biologist 
pleaded no contest to a charge of second degree criminal trespassing. 
This individual is one of the many thousands employed by the Interior 
Department, and had no legal basis to be on a private ranch located 
near Colorado Springs. His sentence included a $138 fine and 30 hours 
of community service.
  I applaud the El Paso County District Attorney's Office for standing 
up to federal lawyers and pursuing this case to its rightful 
conclusion. It is a small but important victory for American private 
property owners. It also illustrates a disturbing ability of some 
federal employees to act as though they are above the law.
  Furthermore, the American taxpayers are picking up the tab for the 
legal defense of these trespassers. When I inquired with both the 
Interior Department and the Justice Department as to how much taxpayer 
money was spent to defend the convicted U.S. Fish and Wildlife Service 
trespasser, they did not disclose the specific dollar amount. These 
agencies seem to be sending federal personnel the message: ``Go ahead 
and trespass on private property. If you get caught, we'll go ahead and 
fix it because we think that the benefits of trespassing outweigh the 
costs of getting caught.'' This is not acceptable.
  Unfortunately, the El Paso County incident is far from isolated. It 
is certain that every year, hundreds of private property owners, 
ranchers and farmers are subject to trespassing by federal employees. 
We will never know how many trespassing cases go unreported because 
Americans feel that they can not beat the federal government's 
bureaucrats and lawyers, and fear that if they do, there may be 
retribution.
  The Colorado Cattlemen's Association has written a letter of support 
for the Private Property Protection Act of 1999. I appreciate their 
support for this legislation.
  I urge my colleagues to support passage of this legislation.
  I ask unanimous consent that the bill and letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1202

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INSPECTIONS OF LAND TO ENFORCE LAWS ADMINISTERED 
                   BY THE SECRETARY OF THE INTERIOR.

       (a) In General.--During fiscal year 2000 and each fiscal 
     year thereafter, notwithstanding any law that authorizes any 
     officer or employee of the Department of the Interior to 
     enter private land for the purpose of conducting an 
     inspection or search and seizure for the purpose of enforcing 
     the law, any such officer or employee shall not enter any 
     private land without first obtaining--
       (1) a warrant issued by a court of competent jurisdiction; 
     or
       (2) the consent of the owner of the land.
       (b) Violation and Emergency Exception.--An officer or 
     employee of the Department of the Interior may enter private 
     land without meeting the conditions described in subsection 
     (a)--
       (1) for the purpose of enforcing the law, if the officer or 
     employee has reason to believe that a violation of law is 
     being committed; or
       (2) as required as part of an emergency response being 
     conducted by the Department of the Interior.
                                  ____



                             Colorado Cattlemen's Association,

                                         Arvada, CO, May 10, 1999.
     Hon. Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: The Colorado Cattlemen's Association 
     (CCA) supports your efforts to amend the Endangered Species 
     Act which limits access to private property by federal 
     government employees or agents thereof, unless by court-
     issued warrant or the consent of the landowner.
       CCA is aware of documented instances in Colorado where 
     Department of Interior employees repeatedly trespassed onto 
     private lands to conduct endangered species surveys. CCA 
     needs your help to halt this practice! We would appreciate 
     your assistance in ensuring that private property rights and 
     trespass laws are obeyed. Thank you for your time and 
     consideration.
           Sincerely,
                                                   Freeman Lester,
     President.
                                  ____



                                         Colorado Farm Bureau,

                                      Englewood, CO, May 24, 1999.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate, Washington, DC.
       Dear Senator Campbell: Colorado Farm Bureau strongly 
     supports legislation to require officers or employees of the 
     Department of the Interior to obtain a warrant or consent of 
     the landowner before conducting inspections or search and 
     seizure of private property. While our Bill of Rights 
     contains protection for property owners, the provision is 
     largely ignored in regard to the regulatory actions of the 
     Department of the Interior.
       Farm Bureau policy opposes allowing public access to or 
     through private property without permission of the property 
     owner or authorized agent. We support legislation that 
     requires federal officials to notify property owners and 
     obtain permission before going onto private lands.
       Property rights protection for farmers and ranchers is 
     critical to the success of their operations and future well 
     being. Farm Bureau supports your efforts to protect 
     landowners from the Interior Department entering their land 
     without permission or a warrant.
       Thank you for your continued support of agriculture.
           Sincerely,
                                              Roger Bill Mitchell,
                                                        President.
                                 ______