The lack of private property rights is explicitly mentioned in the Pres Commission report on Moon, Mars and Beyond. That is NASA's mission statement, and Pres Bush's instructions to NASA. NASA can do nothing about the property rights issue, but the report is on the Presidential Desk.
During the Pres campaign in 2000, the Bush campaign said Bush would look into private property rights in outer space once he became Pres.
It's not that the Exec is unaware of the problem.