II 

117TH CONGRESS 

2D SESSION S. 3989 

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 SENATE OF THE UNITED STATES 

APRIL 4 (legislative day, MARCH 31), 2022 

Mr. CRAMER (for himself, Mr. ROUNDS, and Mr. HOEVEN) introduced the following bill; which was read twice and referred to the Committee on Energy and 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. 

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 ‘‘Landowner Easement 

5 Rights Act’’. 

6 SEC. 2. LIMITATION ON CONSERVATION EASEMENT TERMS. 

7 After the date of the enactment of this Act, the Sec8 retary may not enter into a conservation easement with 

9 a term of more than 50 years. 


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1 SEC. 3. RENEGOTIATION OF CONSERVATION EASEMENTS. 

2 At the request of an owner of land that is subject 

3 to an eligible conservation easement, the Secretary shall— 

4 (1) not later the 6 months after the Secretary 

5 receives the request from the landowner, provide to 

6 the landowner— 

7 (A) a detailed map of the easement; and 

8 (B) notice of the current fair market value 

9 of the easement as determined by the Secretary; 

10 and 

11 (2) renegotiate the terms of the eligible con12 servation easement, including— 

13 (A) a term not longer than 50 years; and 

14 (B) payment by the Secretary to the land15 owner in an amount equal to the fair market 

16 value of the easement, as determined by the 

17 Secretary under paragraph (1)(B), minus the 

18 amount paid by the Secretary for the eligible 

19 conservation easement being renegotiated (ad20 justed for inflation); or 

21 (3) allow the landowner to buy back the eligible 

22 conservation easement or a portion of the eligible 

23 conservation easement at fair market value, as de24 termined by the Secretary. 


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1 SEC. 4. NOTICE TO LANDOWNERS. 

2 The Secretary shall notify the owner of the land sub3 ject to that conservation easement of the owner’s right to 

4 submit a request under section 3— 

5 (1) not later than 3 months before the con6 servation easement becomes an eligible conservation 

7 easement described in section 5(2)(A); and 

8 (2) not later than 1 year before the conserva9 tion easement becomes an eligible conservation ease10 ment described in section 5(2)(B). 

11 SEC. 5. DEFINITIONS. 

12 In this Act: 

13 (1) CONSERVATION EASEMENT.—The term 

14 ‘‘conservation easement’’— 

15 (A) means a voluntary, legal agreement be16 tween a landowner and the Secretary that limits 

17 use of the land in order to protect its conserva18 tion values; and 

19 (B) does not include agreements— 

20 (i) with Indian Tribes; or 

21 (ii) related to utilities. 

22 (2) ELIGIBLE CONSERVATION EASEMENT.—The 

23 term ‘‘eligible conservation easement’’ means a con24 servation easement that— 

25 (A) has been in effect for longer than 50 

26 years; or 


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1 (B) was put into effect before 1977 with2 out the creation of an official corresponding 

3 map. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

Æ 


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