[Congressional Record Volume 141, Number 38 (Wednesday, March 1, 1995)]
[House]
[Page H2488]
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. Bryant

       Amendment No. 9: Amend section 9 (relating to definitions) 
     to read as follows:

     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 ``specified regulatory law'' means--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Endangered Species Act of 1979 (16 U.S.C. 1531 et 
     seq.);
       (C) the Coastal Zone Management Act (16 U.S.C. 1451 et 
     seq.);
       (D) title XII of the Food Security Act of 1985 (16 U.S.C. 
     3821 et seq.); or
       (E) only with respect to an owner's right to use or receive 
     water--
       (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);
       (6) the term ``State'' includes the District of Columbia, 
     Puerto Rico, and any other territory or possession of the 
     United States; and
       (7) the term ``law of the State'' includes the law of a 
     political subdivision of a State.

                                H.R. 925

                  Offered By: Mrs. Collins of Illinois

       Amendment No. 10. Page 3, line 7, after ``damage'' insert 
     ``or loss in value''.

                                H.R. 925

                          Offered By: Mr. Goss

       Amendment No. 11. Page 2, line 5, strike ``10'' and insert 
     ``30''.

                                H.R. 925

                          Offered By: Mr. Goss

       Amendment No. 12. Page 1, line 17, strike ``10'' and insert 
     ``30''.

                                H.R. 925

                  Offered By: Mr. Miller of California

       Amendment No. 13. Page 2, line 3, after ``owner of 
     property'' insert ``who is a small property owner''.
       Page 5, after line 24, insert the following:
       (5) the term ``small property owner'' means an owner of 
     property of 10 acres or less, of which a portion has been 
     diminished in value by the limitation.
       Redesignate succeeding paragraphs accordingly.
                                H.R. 925

                  Offered By: Mr. Miller of California

       Amendment No. 14: Page 3, after line 11, insert the 
     following:
       (c) Information Relating to Rights.--No compensation shall 
     be made under this Act with respect to an agency action of an 
     agency that, upon request, furnishes information to owners of 
     private property, affected by agency action, with respect to 
     their rights, under the fifth article of amendment to the 
     Constitution of the United States, relating to just 
     compensation for property taken for a public purpose.

                                H.R. 925

                  Offered By: Mr. Miller of California

       Amendment No. 15: Page 2, after line 17 insert the 
     following:
       (c) Limitation.--The amount of compensation made under this 
     Act shall be decreased by an amount equal to--
       (1) the total of any Federal subsidies associated with the 
     property arising from below-fair-market pricing of Federal 
     irrigation water contracts, grazing leases, and other similar 
     Federal programs; and
       (2) the total of any payments associated with the property 
     received by the owner from the Department of Agriculture or 
     any other Federal agency.

                                H.R. 925

                         Offered By: Mr. Mineta

       Amendment No. 16: In section 2(a) strike ``any portion of'' 
     and ``of that portion''.
       At the end of section 6, add the following:
       (g) Determination of Value.--In determining the diminution 
     of value of property, any limitation on the use of the 
     property that existed, or was formally proposed by an agency, 
     at the time the property was acquired by the owner shall be 
     taken into account. The computation of the fair market 
     [[Page H2488]] value of the property before the limitation on 
     use was imposed shall exclude any component of that fair 
     market value attributable to Federal agency action, including 
     any Federal financial assistance. The value of the entire 
     parcel of the property shall be the value to which any 
     percentage threshold requirements under this Act are applied.
                                H.R. 925

                         Offered By: Mr. Porter

       amendment No. 17: Page 3, after line 11, insert the 
     following:

     SEC. 6. EFFECT OF PRIVATE PROPERTY IMPACT ANALYSIS.

       (a) In General.--No compensation shall be made under this 
     Act with respect to any agency action for which the agency 
     has completed a private property impact analysis before 
     taking that agency action.
       (b) Content.--For the purposes of this section, a private 
     property impact analysis is a written statement that 
     includes.--
       (1) the specific purpose of the agency action;
       (2) an assessment of the likelihood that a taking of 
     private property will occur under such action; and
       (3) alternatives to the agency action, if any, that would 
     achieve the intended purpose and lessen the likelihood of a 
     taking of private property.
       (c) Preclusion of Judicial Review.--Neither the sufficiency 
     nor any other aspect of a private property impact analysis 
     made under this section is subject to judicial review.
       (d) Effect on Other Rights.--The fact that compensation may 
     not be made under this Act by reason of this section does not 
     affect the right to compensation for takings of private 
     property for public use under the fifth article of amendment 
     to the Constitution.
       (e) Definition.--As used in this section, the term ``taking 
     of private property'' means an action whereby property is 
     taken in such a way as to require compensation under the 
     fifth article of amendment to the Constitution.
       Redesignated succeeding sections accordingly.
                                H.R. 925

                         Offered By: Mr. Porter

       Amendment No. 18. Page 3, after line 11, insert the 
     following:

     SEC. 5. EFFECT OF PRIVATE PROPERTY IMPACT ANALYSIS.

       (a) In General.--No compensation shall be made under this 
     Act with respect to any agency action for which the agency 
     has completed a private property impact analysis before 
     taking that agency action.
       (b) Content.--For the purposes of this section, a private 
     property impact analysis is a written statement that 
     includes.--
       (1) the specific purpose of the agency action;
       (2) an assessment of the likelihood that a taking of 
     private property will occur under such action; and
       (3) alternatives to the agency action, if any, that would 
     achieve the intended purpose and lessen the likelihood of a 
     taking of private property.
       (c) Preclusion of Judicial Review.--Neither the sufficiency 
     nor any other aspect of a private property impact analysis 
     made under this section is subject to judicial review.
       (d) Effect on Other Rights.--The fact that compensation may 
     not be made under this Act by reason of this section does not 
     affect the right to compensation for takings of private 
     property for public use under the fifth article of amendment 
     to the Constitution.
       (e) Definition.--As used in this section, the term ``taking 
     of private property'' means an action whereby property is 
     taken in such a way as to require compensation under the 
     fifth article of amendment to the Constitution.
       Redesignated succeeding sections accordingly.
                                H.R. 925

                       Offered By: Mrs. Schroeder

       Amendment No. 19: Page 2, line 8, after the period, insert 
     ``The amount of compensation made under this Act shall be 
     decreased by an amount equal to any increase in value of the 
     property that resulted from any agency action.''.

                                H.R. 925

                       Offered By: Mrs. Schroeder

       Amendment No. 20: At the end of section 3(a) insert ``The 
     amount of compensation made under this Act shall be decreased 
     by an amount equal to any increase in value of the property 
     that resulted from any agency action.''.

                                H.R. 925

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 21: Page 3, lines 2 and 3, change the heading 
     to read:
       ``(a) Circumstances in Which no Compensation Shall be 
     Awarded.--''
       Page 3, after line 8, add the following:

     ``No compensation shall be made under this Act with respect 
     to an agency action which is reasonably related to or in 
     furtherance of the purposes of any law enacted by Congress, 
     unless such law is determined to be in violation of the 
     United States Constitution.''
       Page 4, strike lines 19-25 and page 5, strike lines 1-8.

                                H.R. 925

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 22: Page 4, strike lines 19-25 and page 5, 
     strike lines 1-8.
                                H.R. 925

                         Offered By: Mr. Wyden

       Amendment No. 23: Page 5, after line 8, insert the 
     following:

     SEC. 6. HOMEOWNER PROPERTY IMPACT ANALYSIS.

       (a) In General.--No compensation shall be made under this 
     Act with respect to any agency action if the agency has 
     completed a homeowner property impact analysis of such action 
     before taking that agency action and if the analysis 
     indicates that the agency action would prevent or restrict 
     any activity likely to diminish the fair market value of 
     private homes.
       (b) Content.--For the purposes of this section, a homeowner 
     property impact analysis is a written statement that 
     includes.--
       (1) the specific purpose of the agency action;
       (2) an assessment of the likelihood that the agency action 
     would prevent or restrict any activity likely to diminish the 
     fair market value of a private home; and
       (3) alternatives to the agency action, if any, that would 
     achieve the intended purpose and lessen the likelihood of 
     reductions in the value of private homes.
       (c) Preclusion of Judicial Review.--Neither the sufficiency 
     nor any other aspect of a homeowner property impact analysis 
     made under this section is subject to judicial review.
       (d) Definitions.--As used in this section--
       (1) The term ``homeowner'' means the owner of a private 
     home.
       (2) The term ``private home'' means any owner occupied 
     dwelling, including any multi-family dwelling and any 
     condominium.
       Redesignate section 6 as section 7.

                                H.R. 925

                         Offered By: Mr. Wyden

       Amendment No. 24: Page 3, line 8, strike the period and 
     insert ``, or''.
       Page 3, after line 8, insert:

     with respect to an agency action that would prevent or 
     restrict any activity likely to diminish the fair market 
     value of any private homes.
       Page 5, after line 24, insert the following new paragraph 
     and redesignate paragraphs (5) and (6) on page 6 as (6) and 
     (7):
       (5) the term ``private home'' means any owner occupied 
     dwelling, including any multi-family dwelling and any 
     condominium.
Vol. 141          WASHINGTON, WEDNESDAY, MARCH 1, 1995           No. 38
-----------------------------------------------------------------------

                                 Senate


           (Legislative day of Wednesday, February 22, 1995)