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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Property Rights Pro5 tection Act of 2020’’. 

6 SEC. 2. WATER RIGHTS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ 

9 means, as applicable— 

10 (A) the Secretary of Agriculture; or 


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1 (B) the Secretary of the Interior. 

2 (2) WATER RIGHT.—The term ‘‘water right’’ 

3 means any surface, groundwater, or storage use 

4 filed, permitted, certificated, confirmed, decreed, ad5 judicated, or otherwise recognized by a judicial pro6 ceeding or by the State in which the user acquires 

7 possession of the water or puts it to beneficial use. 

8 Such term shall include water rights for federally 

9 recognized Indian Tribes. 

10 (b) TREATMENT OF WATER RIGHTS.—The Secretary 

11 shall not— 

12 (1) condition the issuance, renewal, amendment, 

13 or extension of any permit, approval, license, lease, 

14 allotment, easement, right-of-way, or other land use 

15 or occupancy agreement on the transfer of any water 

16 right (including joint and sole ownership) directly or 

17 indirectly to the United States, or on any impair18 ment of title or interest, in whole or in part, granted 

19 or otherwise recognized under State law, by Federal 

20 or State adjudication, decree, or other judgment, or 

21 pursuant to any interstate water compact; or 

22 (2) require any water user (including any feder23 ally recognized Indian Tribe) to apply for or acquire 

24 a water right in the name of the United States 

25 under State law as a condition of the issuance, reVerDate Sep 11 2014 00:19 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5601.IH H5601

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1 newal, amendment, or extension of any permit, ap2 proval, license, lease, allotment, easement, right-of3 way, or other land use or occupancy agreement. 

4 (c) POLICY DEVELOPMENT.—In developing any rule, 

5 policy, directive, management plan, or similar Federal ac6 tion relating to the issuance, renewal, amendment, or ex7 tension of any permit, approval, license, lease, allotment, 

8 easement, right-of-way, or other land use or occupancy 

9 agreement, the Secretary— 

10 (1) shall— 

11 (A) recognize the longstanding authority of 

12 the States relating to evaluating, protecting, al13 locating, regulating, permitting, and adjudi14 cating water use; and 

15 (B) coordinate with the States to ensure 

16 that any rule, policy, directive, management 

17 plan, or similar Federal action is consistent 

18 with, and imposes no greater restriction or reg19 ulatory requirement, than applicable State 

20 water law; and 

21 (2) shall not— 

22 (A) adversely affect— 

23 (i) the authority of a State in— 

24 (I) permitting the beneficial use 

25 of water; or 


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1 (II) adjudicating water rights; 

2 (ii) any definition established by a 

3 State with respect to the term ‘‘beneficial 

4 use’’, ‘‘priority of water rights’’, or ‘‘terms 

5 of use’’; or 

6 (iii) any other right or obligation of a 

7 State established under State law; or 

8 (B) assert any connection between surface 

9 and groundwater that is inconsistent with such 

10 a connection recognized by State water laws. 

11 (d) EFFECT.— 

12 (1) EXISTING AUTHORITY.—Nothing in this 

13 section limits or expands any existing legally recog14 nized authority of the Secretary to issue, grant, or 

15 condition any permit, approval, license, lease, allot16 ment, easement, right-of-way, or other land use or 

17 occupancy agreement on Federal land that is subject 

18 to the jurisdiction of the Secretary. 

19 (2) RECLAMATION CONTRACTS.—Nothing in 

20 this section in any way interferes with any existing 

21 or future Bureau of Reclamation contract entered 

22 into pursuant to Federal reclamation law (the Act of 

23 June 17, 1902 (32 Stat. 388, chapter 1093), and 

24 Acts supplemental to and amendatory of that Act). 


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1 (3) ENDANGERED SPECIES ACT.—Nothing in 

2 this section affects the implementation of the En3 dangered Species Act of 1973 (16 U.S.C. 1531 et 

4 seq.). 

5 (4) FEDERAL RESERVED WATER RIGHTS.— 

6 Nothing in this section limits or expands any exist7 ing reserved water rights of the Federal Government 

8 on land administered by the Secretary. 

9 (5) FEDERAL POWER ACT.—Nothing in this 

10 section limits or expands authorities pursuant to sec11 tion 4(e), 10(j), or 18 of the Federal Power Act (16 

12 U.S.C. 797(e), 803(j), 811). 

13 (6) INDIAN WATER RIGHTS.—Nothing in this 

14 section limits or expands any existing reserved water 

15 right or treaty right of any federally recognized In16 dian Tribe. 

17 (7) FEDERALLY HELD STATE WATER

18 RIGHTS.—Nothing in this section limits the ability of 

19 the Secretary, through applicable State procedures, 

20 to acquire, use, enforce, or protect a State water 

21 right owned by the United States. 

22 SEC. 3. NON-FEDERALLY OWNED PROPERTY. 

23 (a) IN GENERAL.—After the date of enactment of 

24 this Act, non-federally owned land and water may not be 

25 declared as critical habitat without the express written 


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1 consent of the owners of such non-federally owned prop2 erty unless the Secretary determines there is a risk of ex3 tinction of a threatened or endangered species without 

4 such designation. 

5 (b) COMPENSATION.—Except as provided in sub6 section (c)(2), not later than 180 days after the date on 

7 which an agency action takes place, the Secretary shall 

8 pay an owner or lessee an amount equal to 150 percent 

9 of the fair market value of the real property determined 

10 in accordance with subsection (c)(1). 

11 (c) DETERMINATION OF FAIR MARKET VALUE.— 

12 (1) IN GENERAL.—The fair market value de13 scribed in subsection (b) shall be determined by 2 li14 censed independent appraisers of whom— 

15 (A) 1 shall be chosen by the Secretary; and 

16 (B) 1 shall be chosen by the owner or les17 see. 

18 (2) FAILURE TO AGREE ON FAIR MARKET

19 VALUE.— 

20 (A) IN GENERAL.—If the appraisers cho21 sen under subsection (a) fail to agree on the 

22 same fair market value, the Secretary and the 

23 owner shall jointly select an additional licensed 

24 independent appraiser to determine the fair 

25 market value. 


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1 (B) EXTENSION OF TIME TO MAKE DETER2 MINATION.—The licensed independent appraiser 

3 described in subsection (a) shall determine the 

4 fair market value not later than 270 days after 

5 the date on which the agency action takes 

6 place. 

7 (3) COSTS.—The Secretary shall be responsible 

8 for all costs relating to the determination of fair 

9 market value made under this section. 

10 SEC. 4. OBTAINING PERMISSION FOR ACCESS TO PRIVATE 

11 LANDS. 

12 The Secretary of the Interior shall, not later than 180 

13 days after the date of enactment of this Act, issue a final 

14 rule requiring the United States Fish and Wildlife Service 

15 to follow rules substantially similar to the requirements 

16 in the United States Geological Survey Survey Manual 

17 Chapter 500.11, as in effect on August 22, 2008. 

18 SEC. 5. DEFENSE OF LIFE OR PROPERTY. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, it shall not be a violation of law to take any 

21 animal if such animal poses a recurring threat to life and 

22 property. 


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1 (b) DEFINITIONS.—In this section, the term take has 

2 the meaning given such term in section 3 of the Endan3 gered Species Act of 1973 (16 U.S.C. 1532). 

Æ 


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