[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1388 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1388

To compensate owners for the diminution in value of their property as a 
 result of Federal actions under certain laws, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 1993

 Mr. Smith of Oregon introduced the following bill; which was referred 
  jointly to the Committees on Merchant Marine and Fisheries, Public 
            Works and Transportation, and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To compensate owners for the diminution in value of their property as a 
 result of Federal actions under certain laws, 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 ``Just Compensation Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that there are certain Federal laws, 
regulations, and actions which substantially adversely affect the value 
of private property.

SEC. 3. PURPOSE.

    The purpose of this Act is to reduce the risk of undue or 
inadvertent burdens on the public resulting from certain lawful 
governmental actions.

SEC. 4. PRIVATE PROPERTY.

    As used in this Act, the term ``private property'' includes all 
property protected by the Fifth Article of Amendment to the United 
States Constitution, including (but not limited to) real and personal 
property and tangible and intangible property.

SEC. 5. COMPENSATION FOR DIMINUTION IN VALUE OF PRIVATE PROPERTY 
              RIGHTS.

    (a) In General.--The head of any Federal agency who takes an action 
under any of the provisions of law specified in subsection (d), or 
regulations issued pursuant to any of such laws, shall compensate the 
owner of private property for any diminution in value caused by the 
action. Action may cause the diminution in value of private property--
            (1) even though the action results in less than a complete 
        deprivation of all use or value or of all separate distinct 
        interests in the same private property; and
            (2) even if the action is temporary in nature.
    (b) Duty of Federal Agency Heads.--The head of each Federal agency 
shall, at the time of issuing regulations or undertaking any activity 
under any of the provisions of law specified in subsection (d), 
determine whether such regulations or activity results in the 
diminution in value of private property such that such diminution is 
compensable under this Act.
    (c) Compensation.--(1) Within 60 days after the date of issuance of 
any such regulation or the taking of any such action which results in a 
diminution in value of private property which is compensable under this 
Act, the head of the Federal agency concerned shall make an offer of 
compensation to the owner of the private property affected. Any offer 
made under this paragraph shall be effective for one year.
    (2) Such owner may reject the offer and, within one year after such 
rejection, file a claim for compensation in the United States Claims 
Court for a determination of the value of the property affected. In 
addition to awarding fair market value for the property affected, the 
court may award reasonable attorney's fees and expenses of litigation.
    (3) In any case in which the property affected involves lands, such 
owner, in lieu of a claim under paragraph (2), may exchange in 
accordance with applicable Federal law lands affected by such law, 
regulation, or activity.
    (4) Such owner may also accept such compensation as may be 
available under other laws for tax benefits, mineral rights credits, 
and comparable offers for value by the United States.
    (5) Any cash settlement or judgment from the United States Claims 
Court pursuant to paragraph (2) shall be paid as a matter of right from 
the land and water conservation fund established by section 2 of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5).
    (d) Laws.--The provisions of law referred to in this section are 
the following:
            (1) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
            (2) Section 404 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1344) as it applies to wetlands.
            (3) The Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1201 et seq.).
            (4) Subsections (c), (d), (e), and (f) of section 9 of the 
        National Trails System Act (16 U.S.C. 1248).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 7. EFFECTIVE DATE.

    This Act shall apply to any activity of the United States 
Government after the date of enactment of this Act.

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