[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3405 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3405

 To prohibit the provision of Federal economic development assistance 
 for any State or locality that uses the power of eminent domain power 
to obtain property for private commercial development or that fails to 
   pay relocation costs to persons displaced by use of the power of 
           eminent domain for economic development purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2005

 Mr. Bonilla (for himself, Ms. Herseth, Mr. Goodlatte, Ms. Waters, Mr. 
  Pombo, Mr. Smith of Texas, Mr. DeFazio, Mr. Otter, Mrs. Drake, Mr. 
     Boyd, Mr. Calvert, Mr. Pearce, Mr. Kucinich, Mr. Duncan, Mr. 
 Thornberry, Mr. Neugebauer, and Mr. McKeon) introduced the following 
   bill; which was referred to the Committee on Agriculture, and in 
   addition to the Committees on Transportation and Infrastructure, 
 Financial Services, Resources, and Education and the Workforce, 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 prohibit the provision of Federal economic development assistance 
 for any State or locality that uses the power of eminent domain power 
to obtain property for private commercial development or that fails to 
   pay relocation costs to persons displaced by use of the power of 
           eminent domain for economic development 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 ``Strengthening the Ownership of 
Private Property Act of 2005'' or the ``STOPP Act of 2005''.

SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER FEDERAL ECONOMIC 
              DEVELOPMENT PROGRAMS.

    (a) Prohibition of Assistance.--If, after the date of the enactment 
of this Act, any State (or any agency thereof) or any unit of general 
local government (or any agency thereof) engages in any act described 
in subsection (b), Federal financial assistance under any Federal 
economic development program may not be provided to such State 
(including any agency thereof) or unit of general local government 
(including any agency thereof), respectively, at any time after such 
act.
    (b) Limitations on Use of Eminent Domain.--The acts described in 
this subsection are as follows:
            (1) Use of eminent domain for private commercial 
        development.--Any use of the power of eminent domain to take 
        property from one private individual or entity for any economic 
        development purpose and transfer ownership of such property (or 
        a portion thereof) to another private individual or entity.
            (2) Failure to provide relocation assistance for persons 
        displaced by use of eminent domain for economic development.--
        Failing to provide, to any person displaced by the use of the 
        power of eminent domain for any economic development purpose, 
        relocation assistance under the Uniform Relocation Assistance 
        and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. 
        4601 et seq.) in the same manner and to the same extent as 
        relocation assistance is required under such Act to be provided 
        by a Federal agency that undertakes a program or project that 
        results in displacement of such person.
    (c) Certification of Compliance.--If the head of a Federal agency 
does not have actual knowledge that a particular State or unit of 
general government has engaged in an act described subsection (b) after 
the date of the enactment of this Act, a certification made to such 
Federal agency head by the chief executive officer of the State or unit 
of general government that such State or unit has not engaged in any 
such act shall be sufficient for such Federal agency head to determine 
that the State or unit is not ineligible, by reason of subsection (a), 
for Federal financial assistance under a Federal economic development 
program administered by such Federal agency head.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Federal economic development program.--The term 
        ``Federal economic development program'' means any of the 
        following programs:
                    (A) Department of agriculture.--
                            (i) Forest service.--
                                    (I) The National Forest-dependent 
                                rural communities program for 
                                assistance for economic recovery under 
                                the National Forest-Dependent Rural 
                                Communities Economic Diversification 
                                Act of 1990 (7 U.S.C. 6611 et seq.).
                                    (II) The rural development through 
                                forestry program pursuant to the 
                                Department of the Interior and Related 
                                Agencies Appropriations Act, 2001 
                                (Public Law 106-291; 114 Stat. 972) and 
                                the Department of the Interior and 
                                Related Agencies Appropriations Act, 
                                2005 (Public Law 108-447, Division E; 
                                118 Stat. 3080).
                            (ii) Rural business--cooperative service.--
                                    (I) The intermediary relending 
                                program under section 1323 of the Food 
                                Security Act of 1985 (7 U.S.C. 1932 
                                note).
                                    (II) The rural business 
                                opportunities grant program under 
                                section 306(a)(11) of the Consolidated 
                                Farm and Rural Development Act (7 
                                U.S.C. 1926(a)(11)).
                                    (III) The program for assistance to 
                                cooperatives for economic development 
                                under the Act of July 2, 1926 (7 U.S.C. 
                                451 et seq.) and subtitle A of the 
                                Agricultural Marketing Act of 1946 (7 
                                U.S.C. 1621 et seq.).
                                    (IV) The rural business enterprise 
                                grants program under section 310B(c) of 
                                the Consolidated Farm and Rural 
                                Development Act (7 U.S.C. 1932(c)).
                                    (V) The rural economic development 
                                loans and grants program under title 
                                III of the Rural Electrification Act of 
                                1936 (7 U.S.C. 930 et seq.).
                            (iii) Rural utilities service.--
                                    (I) The program for grants, direct 
                                loans, and guaranteed loans for water 
                                and waste disposal systems for rural 
                                communities under paragraphs (1) and 
                                (2) of section 306(a) of the 
                                Consolidated Farm and Rural Development 
                                Act (7 U.S.C. 1926(a)).
                                    (II) The Rural Utilities Service 
                                program for grants and loans to the 
                                Denali Commission under section 
                                19(a)(2) of the Rural Electrification 
                                Act of 1936 (7 U.S.C. 918a(a)(2)).
                            (iv) Rural housing service.--
                                    (I) The rural community development 
                                initiative pursuant to the Agriculture, 
                                Rural Development, Food and Drug 
                                Administration, and Related Agencies 
                                Appropriations Act, 2001 (Public Law 
                                106-387; 114 Stat. 1549A-17) and the 
                                Agriculture, Rural Development, Food 
                                and Drug Administration, and Related 
                                Agencies Appropriations Act, 2005 
                                (Public Law 108-447; 118 Stat. 2826).
                                    (II) The program for loans and 
                                grants for essential community 
                                facilities under section 306(a)(1) of 
                                the Consolidated Farm and Rural 
                                Development Act (7 U.S.C. 1926(a)(1)).
                            (v) Farm service agency.--The program for 
                        loans to Indian tribes and tribal corporations 
                        under the Consolidated Farm and Rural 
                        Development Act (7 U.S.C. 1921 et seq.).
                            (vi) Rural business investment program.--
                        The rural business investment program under 
                        subtitle H of the Consolidated Farm and Rural 
                        Development Act (7 U.S.C. 2009cc et seq.).
                    (B) Department of commerce--economic development 
                administration.--Any program for financial assistance 
                under the Public Works and Economic Development Act of 
                1965 (42 U.S.C. 3121 et seq.).
                    (C) Department of housing and urban development.--
                            (i) The community development block grant 
                        programs under title I of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5301 et seq.), including the entitlement 
                        grants, small cities, special purpose and 
                        insular areas grants, States, Indian tribe 
                        grants, and loan guarantee programs.
                            (ii) The brownfields economic development 
                        initiative under section 108(q) of the Housing 
                        and Community Development Act of 1974 (42 
                        U.S.C. 5308(q)).
                            (iii) The rural housing and economic 
                        development program of the Department of 
                        Housing and Urban Development pursuant to title 
                        II of the Departments of Veterans Affairs and 
                        Housing and Urban Development, and Independent 
                        Agencies Appropriations Act, 2005 (Public Law 
                        108-447; 118 Stat. 3300) and title II of the 
                        Departments of Veterans Affairs and Housing and 
                        Urban Development, and Independent Agencies 
                        Appropriations Act, 1999 (Public Law 105-276; 
                        112 Stat. 2475).
                            (iv) The Indian housing block grant program 
                        under the Native American Housing Assistance 
                        and Self-Determination Act of 1996 (25 U.S.C. 
                        4101 et seq.).
                    (D) Empowerment zones program.--The empowerment 
                zones, enterprise communities, and rural development 
                investment areas programs under subchapter U of chapter 
                1 of the Internal Revenue Code of 1986 (26 U.S.C. 1391 
                et seq.).
                    (E) Department of the interior-- bureau of indian 
                affairs.--The programs for grants, loans, and loan 
                guarantys for Indian economic development of the Office 
                of Economic Development, Bureau of Indian Affairs of 
                the Department of the Interior.
                    (F) Department of the treasury.--The community 
                development financial institutions fund program under 
                subtitle A of title I of the Riegle Community 
                Development and Regulatory Improvement Act of 1994 (12 
                U.S.C. 4701 et seq.).
                    (G) Appalachian regional commission.--Any program 
                for assistance for Appalachian regional development 
                under subtitle IV of title 40, United States Code.
                    (H) National credit union administration.--The 
                community development revolving loan fund program for 
                credit unions under the Community Development Credit 
                Union Revolving Loan Fund Transfer Act (42 U.S.C. 9822 
                note).
                    (I) Denali commission.--The Denali Commission 
                program under the Denali Commission Act of 1998 (42 
                U.S.C. 2131 et seq.).
                    (J) Delta regional authority.--The program for 
                Delta regional development under subtitle F of the 
                Consolidated Farm and Rural Development Act (7 U.S.C. 
                2009aa et seq.).
                    (K) Department of health and human services.--The 
                discretionary award program for community economic 
                development under section 680 of the Community Services 
                Block Grant Act (42 U.S.C. 9921).
            (2) Federal financial assistance.--The term ``Federal 
        financial assistance'' has the meaning given such term in 
        section 101 of the Uniform Relocation Assistance and Real 
        Property Acquisitions Policies Act of 1970 (42 U.S.C. 4601).
            (3) State.--The term ``State'' means any of the States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Commonwealth of the Northern Mariana 
        Islands, Guam, the Virgin Islands, American Samoa, and any 
        other territory or possession of the United States.
            (4) Unit of local government.--The term ``unit of local 
        government'' means any city, county, town, township, parish, 
        village, or other general purpose political subdivision of a 
        State or any community redevelopment agency, housing authority, 
        special district, or other special purpose political 
        subdivision of a State.

SEC. 4. APPLICABILITY.

    at any time after the date of the enactment of this Act, has 
engaged in either of the following acts
                                 <all>