Private Property Owners' Bill of Rights

Summary

Private Property Owners' Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the provisions of the Federal Water Pollution Control Act (FWPCA) regarding the issuance of permits for the discharge of dredged or fill material into navigable waters at specified disposal sites; (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of $10,000, or 20 percent or more, of the fair market value of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior, when entering into a management agreement with any State for the administration and management of any area established for the conservation of endangered or threatened species that establishes restrictions on property use, to notify all private property owners or lessees of property subject to a management agreement and provide an opportunity for their participation in such an agreement.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 24 June 1997

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 24 June 1997

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• Introduced in Senate

  summary · EN · 24 June 1997

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