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 fol-
lowing bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committee on Agriculture, for a period to be sub-
sequently 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Property Rights Pro-
tection 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 
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(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, ad-
judicated, or otherwise recognized by a judicial pro-
ceeding 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 impair-
ment 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 feder-
ally 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, re-
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newal, amendment, or extension of any permit, ap-
proval, 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 ac-
tion relating to the issuance, renewal, amendment, or ex-
tension 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, al-
locating, regulating, permitting, and adjudi-
cating 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 reg-
ulatory 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 
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(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 recog-
nized authority of the Secretary to issue, grant, or 
condition any permit, approval, license, lease, allot-
ment, 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). 
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(3) ENDANGERED
SPECIES
ACT.—Nothing in 
this section affects the implementation of the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.). 
(4) FEDERAL
RESERVED
WATER
RIGHTS.— 
Nothing in this section limits or expands any exist-
ing 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 sec-
tion 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 In-
dian 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 
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consent of the owners of such non-federally owned prop-
erty unless the Secretary determines there is a risk of ex-
tinction of a threatened or endangered species without 
such designation. 
(b) COMPENSATION.—Except as provided in sub-
section (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 de-
scribed in subsection (b) shall be determined by 2 li-
censed independent appraisers of whom— 
(A) 1 shall be chosen by the Secretary; and 
(B) 1 shall be chosen by the owner or les-
see. 
(2) FAILURE
TO
AGREE
ON
FAIR
MARKET 
VALUE.— 
(A) IN GENERAL.—If the appraisers cho-
sen 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. 
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(B) EXTENSION OF TIME TO MAKE DETER-
MINATION.—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 provi-
sion 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. 
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(b) DEFINITIONS.—In this section, the term take has 
the meaning given such term in section 3 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1532). 
Æ 
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