[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1277 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1277

To improve procedures for determining when a taking of private property 
 has occurred, and to direct the Secretary of Agriculture to report to 
 Congress with respect to takings under progress at the Department of 
                              Agriculture.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 1995

  Mr. Condit introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To improve procedures for determining when a taking of private property 
 has occurred, and to direct the Secretary of Agriculture to report to 
 Congress with respect to takings under progress at the Department of 
                              Agriculture.

    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 ``Private Property Impact Assessment 
Act of 1995''.

SEC. 2. LIMITATION ON AGENCY ACTION.

    No agency action that will have binding force on an owner of 
property with respect to the use of that property shall take effect 
until the President certifies that the agency taking that action is in 
compliance with the guidelines required by this Act.

SEC. 3. GUIDELINES.

    (a) Issuance.--Not later than 180 days after the date of the 
enactment of this Act, the President shall by rule issue guidelines--
            (1) for assessing whether a proposed agency action will 
        have the potential for taking private property or imposing a 
        negative impact on private property; and
            (2) minimizing that taking or impact wherever possible.
    (b) Implementing Rules.--Not later than 60 days after the date 
guidelines are issued under subsection (a), each agency shall issue 
rules implementing those guidelines with respect to that agency.

SEC. 4. REPORT.

    Not later than one year after the President issues guidelines under 
section 3, the President shall, after affording the public notice and 
an opportunity to comment, report to Congress--
            (1) the status of each agency's compliance with this Act;
            (2) an evaluation of the guidelines; and
            (3) any recommendations for additional legislative or 
        administrative action to minimize the taking of private 
        property by the Federal Government.

SEC. 5. CONSULTATION.

    The President and each agency, in carrying out duties under 
sections 3 and 4, shall consult with representatives of appropriate 
State agencies and local governments and other appropriate parties.

SEC. 6. STUDY BY SECRETARY OF AGRICULTURE.

    Not later than 300 days after the date of the enactment of this 
Act, the Secretary of Agriculture shall conduct a study to determine 
the effect of this Act on the farm economy and agricultural production 
of the United States, and report the results of such study to the 
Congress.

SEC. 7. DEFINITIONS.

    As used in this Act--
            (1) the term ``agency'' has the meaning given such term in 
        section 551 of title 5, United States Code;
            (2) the term ``agency action'' has the meaning given such 
        term in section 551 of title 5, United States Code;
            (3) the term ``private property'' includes real and 
        personal property and tangible and intangible property;
            (4) the term ``taking'' means a taking with respect to 
        which compensation to the owner is required by the Constitution 
        of the United States;
            (5) the term ``negative impact'', with respect to a given 
        property, means an impact that diminishes the value of that 
        property by 20 percent or more of the affected portion; and
            (6) the term ``President'' means the President or his 
        designee.
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