Landowner Easement Rights Act

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8521 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8521

   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 HOUSE OF REPRESENTATIVES

                            October 2, 2020

 Mr. Peterson (for himself and Mr. Armstrong) introduced the following 
     bill; which was referred to the Committee on 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Landowner Easement Rights Act''.

SEC. 2. LIMITATION ON CONSERVATION EASEMENT TERMS.

    After the date of the enactment of this Act, the Secretary may not 
enter into a conservation easement with a term of more than 50 years.

SEC. 3. RENEGOTIATION OF CONSERVATION EASEMENTS.

    At the request of an owner of land that is subject to an eligible 
conservation easement, the Secretary shall--
            (1) not later the 6 months after the Secretary receives the 
        request from the landowner, provide to the landowner--
                    (A) a detailed map of the easement; and
                    (B) notice of the current fair market value of the 
                easement as determined by the Secretary; and
            (2) renegotiate the terms of the eligible conservation 
        easement, including--
                    (A) a term not longer than 50 years; and
                    (B) payment by the Secretary to the landowner in an 
                amount equal to the fair market value of the easement, 
                as determined by the Secretary under paragraph (1)(B), 
                minus the amount paid by the Secretary for the eligible 
                conservation easement being renegotiated (adjusted for 
                inflation); or
            (3) allow the landowner to buy back the eligible 
        conservation easement or a portion of the eligible conservation 
        easement at fair market value, as determined by the Secretary.

SEC. 4. NOTICE TO LANDOWNERS.

    The Secretary shall notify the owner of the land subject to that 
conservation easement of the owner's right to submit a request under 
section 3--
            (1) not later than 3 months before the conservation 
        easement becomes an eligible conservation easement described in 
        section 5(2)(A); and
            (2) not later than 1 year before the conservation easement 
        becomes an eligible conservation easement described in section 
        5(2)(B).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Conservation easement.--The term ``conservation 
        easement''--
                    (A) means a voluntary, legal agreement between a 
                landowner and the Secretary that limits use of the land 
                in order to protect its conservation values; and
                    (B) does not include agreements--
                            (i) with Indian Tribes; or for
                            (ii) related to utilities.
            (2) Eligible conservation easement.--The term ``eligible 
        conservation easement'' means a conservation easement that--
                    (A) has been in effect for longer than 50 years; or
                    (B) was put into effect before 1977 without the 
                creation of an official corresponding map.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
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