[Congressional Record Volume 141, Number 37 (Tuesday, February 28, 1995)]
[House]
[Page H2394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 925

                   Offered By: Mr. Canady of Florida

       Amendment No. 6: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Private Property Protection 
     Act of 1995''.

     SEC. 2. FEDERAL POLICY AND DIRECTION.

       (a) General Policy.--It is the policy of the Federal 
     Government that no law or agency action should limit the use 
     of privately owned property so as to diminish its value.
       (b) Application to Federal Agency Action.--Each Federal 
     agency, officer, and employee should exercise Federal 
     authority to ensure that agency action will not limit the use 
     of privately owned property so as to diminish its value.

     SEC. 3. RIGHT TO COMPENSATION.

       (a) In General.--The Federal Government shall compensate an 
     owner of property whose use of any portion of that property 
     has been limited by an agency action that diminishes the fair 
     market value of that portion by 10 percent or more. The 
     amount of the compensation shall equal the diminution in 
     value that resulted from the agency action.
       (b) Duration of Limitation on Use.--Property with respect 
     to which compensation has been paid under this Act shall not 
     thereafter be used contrary to the limitation imposed by the 
     agency action, even if that action is later rescinded or 
     otherwise vitiated. However, if that action is later 
     rescinded or otherwise vitiated, and the owner elects to 
     refund the amount of the compensation, adjusted for 
     inflation, to the Treasury of the United States, the property 
     may be so used.

     SEC. 4. EFFECT OF STATE LAW.

       No compensation shall be made under this Act if the use 
     limited by Federal agency action is proscribed under the law 
     of the State in which the property is located (other than a 
     proscription required by a Federal law, either directly or as 
     a condition for assistance). If a use is a nuisance as 
     defined by the law of a State or is prohibited under a local 
     zoning ordinance, that use is proscribed for the purposes of 
     this subsection.

     SEC. 5. EXCEPTIONS.

       (a) Prevention of Hazard to Health or Safety or Damage to 
     Specific Property.--No compensation shall be made under this 
     Act with respect to an agency
      action the primary purpose of which is to prevent an 
     identifiable--
       (1) hazard to public health or safety; or
       (2) damage to specific property other than the property 
     whose use is limited.
       (b) Navigation Servitude.--No compensation shall be made 
     under this Act with respect to an agency action pursuant to 
     the Federal navigation servitude, as defined by the courts of 
     the United States, except to the extent such servitude is 
     interpreted to apply to wetlands.

     SEC. 6. PROCEDURE.

       (a) Request of Owner.--An owner seeking compensation under 
     this Act shall make a written request for compensation to the 
     agency whose agency action resulted in the limitation. No 
     such request may be made later than 180 days after the owner 
     receives actual notice of that agency action.
       (b) Negotiations.--The agency may bargain with that owner 
     to establish the amount of the compensation. If the agency 
     and the owner agree to such an amount, the agency shall 
     promptly pay the owner the amount agreed upon.
       (c) Choice of Remedies.--If, not later than 180 days after 
     the written request is made, the parties do not come to an 
     agreement as to the right to and amount of compensation, the 
     owner may choose to take the matter to binding arbitration or 
     seek compensation in a civil action.
       (d) Arbitration.--The procedures that govern the 
     arbitration shall, as nearly as practicable, be those 
     established under title 9, United States Code, for 
     arbitration proceedings to which that title applies. An award 
     made in such arbitration costs (including appraisal fees). 
     The agency shall promptly pay any award made to the owner.
       (e) Civil Action.--An owner who does not choose 
     arbitration, or who does not receive prompt payment when 
     required by this section, may obtain appropriate relief in a 
     civil action against the agency. An owner who prevails in a 
     civil action under this section shall be entitled to, and the 
     agency shall be liable for, a reasonable attorney's fee and 
     other litigation costs (including appraisal fees). The court 
     shall award interest on the amount of any compensation from 
     the time of the limitation.
       (f) Source of Payments.--Any payment made under this 
     section to an owner, and any judgment obtained by an owner in 
     a civil action under this section shall, notwithstanding any 
     other provision of law, be made from the annual appropriation 
     of the agency whose action occasioned the payment or 
     [[Page H2394]] judgment. If the agency action resulted from a 
     requirement imposed by another agency, then the agency making 
     the payment or satisfying the judgment may seek partial or 
     complete reimbursement from the appropriated funds of the 
     other agency. For this purpose the head of the agency 
     concerned may transfer or reprogram any appropriated funds 
     available to the agency. If insufficient funds exist for the 
     payment or to satisfy the judgment, it shall be the duty of 
     the head of the agency to seek the appropriation of such 
     funds for the next fiscal year.
     SEC. 7. LIMITATION.

       Notwithstanding any other provision of law, any obligation 
     of the United States to make any payment under this Act shall 
     be subject to the availability of appropriations.

     SEC. 8. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to limit any right 
     to compensation that exists under the Constitution or under 
     other laws of the United States.

     SEC. 9. DEFINITIONS.

       For the purposes of this Act--
       (1) the term ``property'' means land and includes the right 
     to use or receive water;
       (2) a use of property is limited by an agency action if a 
     particular legal right to use that property no longer exists 
     because of the action;
       (3) the term ``agency action'' has the meaning given that 
     term in section 551 of title 5, United States Code, but also 
     includes the making of a grant to a public authority 
     conditioned upon an action by the recipient that would 
     constitute a limitation if done directly by the agency;
       (4) the term ``agency'' has the meaning given that term in 
     section 551 of title 5, United States Code;
       (5) the term ``State'' includes the District of Columbia, 
     Puerto Rico, and any other territory or possession of the 
     United States; and
       (6) the term ``law of the State'' includes the law of a 
     political subdivision of a State.

                                H.R. 925

                         Offered By: Mr. Tauzin

       Amendment No. 7: In section 3(a) after ``agency action'' 
     the first place it appears insert ``, under a specified 
     regulatory law''.
       Add at the end of section 3(a) ``If the diminution in value 
     of a portion of that property is greater than 50 percent, at 
     the option of the owner, the Federal Government shall buy 
     that portion of the property for its fair market value.''.
       In section 4, strike the first sentence and amend the 
     second sentence to read ``If a use is a nuisance as defined 
     by the law of a State or is already prohibited under a local 
     zoning ordinance, no compensation shall be made under this 
     Act with respect to a limitation on that use.''
       In the heading for section 8, strike ``Rule'' and insert 
     ``Rules''.
       At the beginning of section 8, strike ``Nothing'' and 
     insert
       (a) Effect on Constitutional Right to Compensation.--
     Nothing
       At the end of section 8, insert the following:
       (b) Effect of Payment.--Payment of compensation under this 
     act (other than when the property is bought by the Federal 
     Government at the option of the owner) shall not confer any 
     rights on the Federal Government other than the limitation on 
     use resulting from the agency action.
       In section 9, after paragraph (4) insert the following:
       (5) the term ``specified regulatory law'' means--
       (A) section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344);
       (B) the Endangered Species Act of 1979 (16 U.S.C. 1531 et 
     seq.);
       (C) title XII of the Food Security Act of 1985 (16 U.S.C. 
     3821 et seq.); or
       (D) with respect to an owner's right to use or receive 
     water only--
       (i) the Act of June 17, 1902, and all Acts amendatory 
     thereof or supplementary thereto, popularly called the 
     ``Reclamation Acts'' (43 U.S.C. 371 et seq.);
       (ii) the Federal Land Policy Management Act (43 U.S.C. 1701 
     et seq.); or
       (iii) section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604);
       Redesignate succeeding paragraphs accordingly.

                                H.R. 925

                        Offered By: Mr. Conyers

       Amendment No. 8: Page 3, after line 11, insert the 
     following:
       (c) Americans With Disabilities Act of 1990.--No 
     compensation shall be made under this Act with respect to an 
     agency action pursuant to the Americans With Disabilities At 
     of 1990 (42 U.S.C. 1201 et seq.).

                                H.R. 926

                         Offered By: Mr. Ewing

       Amendment No. 5: Page 2, line 11, strike ``180 days'' and 
     insert ``one year notwithstanding any other provision of 
     law'', in line 24, strike ``(2)(A)'' and all that follows 
     through ``(B)'' in line 4 on page 3, and beginning in line 7 
     strike the dash and all that follows through line 13 and 
     insert ``one year notwithstanding any other provision of 
     law''.

                                H.R. 926

                  Offered By: Mr. Franks of New Jersey

       Amendment No. 6: Page 13, line 10, before the period insert 
     the following: ``, and a statement of whether the rule will 
     require persons to obtain licenses, permits, or other 
     certifications including specification of any associated fees 
     or fines''.

                                H.R. 926

                         Offered By: Mr. Hefley

       Amendment No. 7: Page 2, line 15, strike ``small entities'' 
     and insert ``entities'', in line 18, strike ``small entity'' 
     and insert ``entity'', on page 3, strike lines 15 through 17 
     and redesignate the succeeding paragraphs accordingly, and in 
     line 24 on page 3, strike ``small entities'' and insert 
     ``entities''.
Vol. 141         WASHINGTON, TUESDAY, FEBRUARY 28, 1995          No. 37
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                                 Senate


           (Legislative day of Wednesday, February 22, 1995)