[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 130 Introduced in House (IH)]




                                    


104th CONGRESS
  1st Session
                                H. R. 130

 To ensure that Federal agencies establish the appropriate procedures 
 for assessing whether or not Federal regulations might result in the 
taking of private property, and to direct the Secretary of Agriculture 
 to report to the Congress with respect to such takings under programs 
                   of the Department of Agriculture.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Solomon 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 ensure that Federal agencies establish the appropriate procedures 
 for assessing whether or not Federal regulations might result in the 
taking of private property, and to direct the Secretary of Agriculture 
 to report to the Congress with respect to such takings under programs 
                   of 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 Protection Act of 
1995''.

SEC. 2. FINDINGS.

    The Congress finds that there are certain Federal laws, 
regulations, and actions, which 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 Federal 
Government actions.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) the term ``private property'' includes all property 
        protected by the fifth amendment to the Constitution, including 
        real and personal property and tangible and intangible 
        property;
            (2) the term ``taking of private property'' means an 
        activity wherein private property is taken such that 
        compensation to the owner of that property is required by the 
        fifth amendment to the Constitution; and
            (3) the term ``agency'' means a Federal agency in the 
        executive branch which engages in activity with the potential 
        for taking private property, including any department, 
        government corporation, government-controlled corporation, or 
        other establishment in the executive branch of the United 
        States Government.

SEC. 5. PROTECTION OF PRIVATE PROPERTY.

    No regulation issued by an agency after the date of enactment of 
this section shall become effective until the issuing agency is 
certified by the Attorney General to be in compliance with Executive 
Order 12360 or similar procedures to assess the potential for the 
taking of private property in the course of Federal regulatory 
activity, with the goal of minimizing such takings where possible. The 
Attorney General shall make a certification under this paragraph no 
later than 90 days after the date of the issuance of the regulation.

SEC. 6. JUDICIAL REVIEW.

    (a) Jurisdiction.--Judicial review of an action taken pursuant to 
this Act shall be limited to the question of whether the Attorney 
General has certified the issuing agency under section 5 as being in 
compliance with Executive Order 12360 or similar procedures.
    (b) Standing.--Only persons adversely affected by an agency action 
taken pursuant to this Act shall have standing to challenge and seek 
judicial review of that action.
    (c) Savings.--Except as specifically provided in this section, 
nothing in this section shall be construed to limit--
            (1) the right of a person to file a claim under any other 
        Federal law; or
            (2) the scope of judicial review of an agency action.

SEC. 7. STUDY AND REPORT ON TAKINGS, FARM ECONOMY, AND AGRICULTURAL 
              PRODUCTION.

    (a) Study.--Before the end of the 90-day period beginning on the 
date of the enactment of this Act, the Secretary of Agriculture shall 
conduct a study to determine the effect that this Act will have on the 
farm economy and agricultural production of the United States.
    (b) Report.--Before the end of the 90-day period beginning on the 
date of the enactment of this Act, the Secretary of Agriculture shall 
submit to the Committee on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry of the Senate 
a report on the findings and conclusions of the study under subsection 
(a), which shall include--
            (1) a discussion of--
                    (A) administrative procedures followed by the 
                Department of Agriculture to minimize the taking of 
                private property in regulatory activities of that 
                department; and
                    (B) measures undertaken by that department to 
                implement Executive Order 12360; and
            (2) recommendations for any further legislative or 
        administrative actions that are appropriate for limiting the 
        effect that this Act will have on the farm economy and 
        agricultural production of the United States.
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