,i #aafth ,,congress #b;d ,session ,h4 ,r4 #efja ,,in ,,the ,,house ,,of ,,representatives ,january #ad1 #bjbj,mr4 ,norman 7for himself1 ,mr4 ,gosar1 ,mr4 ,crawford1 ,mr4 ,gianforte1 ,ms4 ,cheney1 ,mr4 ,newhouse1 and ,mr4 ,mc,clintock7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect private property rights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,property ,rights ,protection ,act of #bjbj4 #b4 ,water rights 7a7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means1 as applicable-- 7,a7 the ,secretary of ,agriculture2 or 7,b7 the ,secretary of the ,interior4 7#b7 ,water right ,the term water right means any surface1 groundwater1 or storage use filed1 permitted1 certificated1 confirmed1 decreed1 adjudicated1 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 use4 ,such term shall include water rights for federally recognized ,indian ,tribes4 7b7 ,treatment of water rights ,the ,secretary shall not-- 7#a7 condition the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on the transfer of any water right 7including joint and sole ownership7 directly or indirectly to the ,united ,states1 or on any impairment of title or interest1 in whole or in part1 granted or otherwise recognized under ,state law1 by ,federal or ,state adjudication1 decree1 or other judgment1 or pursuant to any interstate water compact2 or 7#b7 require any water user 7including any federally recognized ,indian ,tribe7 to apply for or acquire a water right in the name of the ,united ,states under ,state law as a condition of the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement4 7c7 ,policy development ,in developing any rule1 policy1 directive1 management plan1 or similar ,federal action relating to the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement1 the ,secretary-- 7#a7 shall-- 7,a7 recognize the longstanding authority of the ,states relating to evaluating1 protecting1 allocating1 regulating1 permitting1 and adjudicating water use2 and 7,b7 coordinate with the ,states to ensure that any rule1 policy1 directive1 management plan1 or similar ,federal action is consistent with1 and imposes no greater restriction or regulatory requirement1 than applicable ,state water law2 and 7#b7 shall not-- 7,a7 adversely affect-- 7i7 the authority of a ,state in-- 7,i7 permitting the beneficial use of water2 or 7,,ii7 adjudicating water rights2 7ii7 any definition established by a ,state with respect to the term beneficial use1 priority of water rights1 or terms of use2 or 7iii7 any other right or obligation of a ,state established under ,state law2 or 7,b7 assert any connection between surface and groundwater that is inconsistent with such a connection recognized by ,state water laws4 7d7 ,effect 7#a7 ,existing authority ,nothing in this section limits or expands any existing legally recognized authority of the ,secretary to issue1 grant1 or condition any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on ,federal land that is subject to the jurisdiction of the ,secretary4 7#b7 ,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 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act74 7#c7 ,endangered ,species ,act ,nothing in this section affects the implementation of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#d7 ,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 ,secretary4 7#e7 ,federal ,power ,act ,nothing in this section limits or expands authorities pursuant to section #d7;e71 #aj7;j71 or #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;j71 #haa74 7#f7 ,indian water rights ,nothing in this section limits or expands any existing reserved water right or treaty right of any federally recognized ,indian ,tribe4 7#g7 ,federally held ,state water rights ,nothing in this section limits the ability of the ,secretary1 through applicable ,state procedures1 to acquire1 use1 enforce1 or protect a ,state water right owned by the ,united ,states4 #c4 ,non-federally owned property 7a7 ,in general ,after the date of enactment of this ,act1 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 designation4 7b7 ,compensation ,except as provided in subsection 7c77#b71 not later than #ahj days after the date on which an agency action takes place1 the ,secretary shall pay an owner or lessee an amount equal to #aej percent of the fair market value of the real property determined in accordance with subsection 7c77#a74 7c7 ,determination of fair market value 7#a7 ,in general ,the fair market value described in subsection 7b7 shall be determined by #b licensed independent appraisers of whom-- 7,a7 #a shall be chosen by the ,secretary2 and 7,b7 #a shall be chosen by the owner or lessee4 7#b7 ,failure to agree on fair market value 7,a7 ,in general ,if the appraisers chosen under subsection 7a7 fail to agree on the same fair market value1 the ,secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value4 7,b7 ,extension of time to make determination ,the licensed independent appraiser described in subsection 7a7 shall determine the fair market value not later than #bgj days after the date on which the agency action takes place4 7#c7 ,costs ,the ,secretary shall be responsible for all costs relating to the determination of fair market value made under this section4 #d4 ,obtaining permission for access to private lands ,the ,secretary of the ,interior shall1 not later than #ahj days after the date of enactment of this ,act1 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 #ejj4aa1 as in effect on ,august #bb1 #bjjh4 #e4 ,defense of life or property 7a7 ,in general ,notwithstanding any other provision of law1 it shall not be a violation of law to take any animal if such animal poses a recurring threat to life and property4 7b7 ,definitions ,in this section1 the term take has the meaning given such term in section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb74