[House Report 104-61]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-61
_______________________________________________________________________


 
   PROVIDING FOR THE CONSIDERATION OF H.R. 925, THE PRIVATE PROPERTY 
                         PROTECTION ACT OF 1995

                                _______


 February 28, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


  Mrs. Waldholtz, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 101]

    The Committee on Rules, having had under consideration 
House Resolution 101, by a voice vote, report the same to the 
House with the recommendation that the resolution be adopted.

               Brief Summary of Provisions of Resolution

    The resolution provides for the consideration of H.R. 925, 
the ``Private Property Protection Act'' under a modified open 
rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on the Judiciary.
    Because both the bill as introduced, and the committee 
amendment in the nature of a substitute establish a new 
entitlement program, it is necessary to waive several 
provisions of the Budget Act simply to provide for their 
consideration. Specifically, the following Budget Act waivers 
are necessary for this reason: section 302(f) which prohibits 
the consideration of legislation providing budget authority or 
outlays in excess of a committee's allocation; section 311(a) 
which prohibits the consideration of legislation or an 
amendment that would cause the total level of new budget 
authority or outlays in the most recent budget resolution to be 
exceeded, or would cause revenues to be less; and section 
401(b) which prohibits the consideration of legislation 
providing new entitlement authority which becomes effective in 
the fiscal year which ends in the calendar year the bill is 
reported against consideration of the bill.
    In addition, it is necessary to waive section 308(a) of the 
Budget Act which requires a CBO cost estimate in the committee 
report on legislation containing new budget authority, new 
spending authority, new credit authority, or a change in 
revenues against consideration of the bill. This is because 
only an incomplete CBO estimate had been received at the time 
the report was filed.
    The rule provides a 12 hour time limit on the amending 
process. The rule makes in order the Judiciary Committee 
amendment in the nature of a substitute as an original bill for 
the purpose of amendment which shall be considered as read. In 
addition to the Budget Act waivers mentioned above, the rule 
waives clause 7, rule XVI, the germaneness rule, and clause 
5(a), rule XXI, prohibiting appropriations in a legislative 
bill, against the committee substitute. The germaneness waiver 
may be necessary since the committee substitute goes beyond the 
statutes specified in the introduced bill.
    No amendment to the committee substitute will be in order 
unless it is preprinted in the Congressional Record before the 
beginning of consideration of the bill for amendment. 
Preprinted amendments shall be considered as read.
    The rule waives clause 5(a), rule XXI, prohibiting 
appropriations in a legislative bill, against the amendment 
printed in this report to be offered by Representative Canady 
of Florida or a designee. It is not necessary to waive any 
Budget Act points of order against the Canady substitute since 
it makes the payments subject to appropriations and thereby 
resolves the Budget Act violations contained in the introduced 
bill and committee-reported substitute.
    It will first be in order to consider as an amendment to 
the Canady amendment the amendment to be offered by 
Representative Tauzin or his designee printed in this report. 
Finally, the rule provides one motion to recommit with or 
without instructions.
    Section 2 of the rule provides that after passage of H.R. 
925, it will be in order to consider in the House H.R. 9, and 
all points of order against the bill and its consideration are 
waived. It will then be in order to move to strike out all 
after section 1 of the bill, and insert a text composed of four 
regulatory reform bills as passed by the House, (1) H.R. 830, 
(2) H.R. 925, (3) H.R. 926 and (4) H.R. 1022. All points of 
order against the motion are waived. Finally, the rule provides 
one motion to recommit with or without instructions.

                            Committee Votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee rollcall no. 52

    Date: February 28, 1995.
    Measure: H.R. 925, Private Property Protection Act of 1995.
    Motion By: Mr. Moakley.
    Summary of Motion: Strike 10-hour time cap on amendment 
process.
    Results: Rejected, 2 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Not 
voting; Hall--Not voting; Solomon--Nay.

                    rules committee rollcall no. 53

    Date: February 28, 1995.
    Measure: H.R. 925, Private Property Protection Act of 1995.
    Motion By: Mr. Beilenson.
    Summary of Motion: Strike pre-printing requirement for 
amendments.
    Results: Rejected, 2 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Not 
voting; Hall--Not voting; Solomon--Nay.

                    Rules Committee Rollcall No. 54

    Date: February 28, 1995.
    Measure: H.R. 925, Private Property Protection Act of 1995.
    Motion By: Mr. Moakley.
    Summary of Motion: Make Canady substitute original text for 
amendment purposes, strike pre-printing requirement for first 
degree amendments, and strike Budget Act waivers for base text 
substitute.
    Results: Rejected, 2 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Not 
voting; Hall--Not voting; Solomon--Nay.

                    Rules Committee Rollcall No. 55

    Date: February 28, 1995.
    Measure: H.R. 925, Private Property Protection Act of 1995.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order an amendment by Reps. 
Wyden and Gilchrest and waive the germaneness rule against it.
    Results: Rejected, 2 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Not 
voting; Hall--Not voting; Solomon--Nay.

               Text of Amendments Referred To in the Rule

    The amendments printed below are the amendments referred to 
in the resolution.

    1. The Amendment in the Nature of a Substitute To Be Offered by 
             Representative Canady of Florida or a Designee

    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 
shall include a reasonable attorney's fee and other 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 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.
                              ----------                              

2. The Amendment To Be Offered by Representative Tauzin of Louisiana or 
 a Designee to the Amendment in the Nature of a Substitute Offered by 
                         Representative Canady

  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.