[House Report 105-335]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-335
_______________________________________________________________________


 
  PROVIDING FOR THE CONSIDERATION OF H.R. 1534, THE PRIVATE PROPERTY 
                   RIGHTS IMPLEMENTATION ACT OF 1997
                                _______
                                

  October 21, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


   Mr. McInnis, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 271]

    The Committee on Rules, having had under consideration 
House Resolution 271, by a non-record 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. 1534, 
the ``Private Property Rights Implementation Act of 1997'' 
under a modified closed rule. The rule provides one hour of 
general debate divided equally between the chairman and ranking 
minority member of the Committee on the Judiciary.
    The rule waives clause 2(l)(6) of rule XI (3 day 
availability of committee reports) against consideration of the 
bill.
    The rule makes in order the Judiciary Committee amendment 
in the nature of a substitute now printed in the bill as an 
original bill for the purpose of amendment, modified by the 
amendments printed in part 1 of this report. The rule provides 
that the committee amendment in the nature of a substitute be 
considered as read.
    The rule makes in order a further amendment in the nature 
of a substitute if offered by Representative Conyers of 
Michigan or his designee.
    The rule provides that the further amendment shall be 
considered as read, shall be debatable for thirty minutes 
equally divided and controlled by the proponent and an 
opponent, and shall not be subject to amendment.
    The rule provides that if the further amendment is rejected 
or not offered, then no other amendment shall be in order 
except the amendment printed in part 2 of this report.
    The rule provides that the amendment printed in part 2 of 
this report may only be offered by the Member designated in the 
report, shall be considered as read, shall be debatable for 
thirty minutes equally divided and controlled by the proponent 
and an opponent, and shall not be subject to amendment.
    Finally, the rule provides one motion to recommit with or 
without instructions.

summary of amendments made in order by the rule for h.r. 1534, private 
               property rights implementation act of 1997

         (Listed in the order they will appear in this report)

Part I (amendment considered as adopted)

    1. Coble: Limits overbroad terms and phrases and gives the 
local land use entities further involvement in the process 
before a takings claimant could pursue an administrative or 
state judicial appeal and subsequent federal litigation.

Part II

    1. Boehlert--30 mins: Substitute. Allows property owners to 
expedite their claims against federal agencies.

                                 PART I

    Amendment considered as adopted by the rule:
    Page 3, line 2, strike ``a significant but'' and insert 
``an''.
    Page 3, strike lines 11 through 14 and insert the 
following:
          ``(2) is patently unclear.
    Page 3, line 24, insert ``(A)'' after ``(2)''.
    Page 4, line 1, strike ``(A)'' and insert ``(i)''.
    Page 4, lines 6 and 7, strike ``, without regard to any 
uses that may be permitted elsewhere''.
    Page 4, strike lines 8 through 13 and insert the following:
          ``(ii)(I) one meaningful application, as defined by 
        the locality concerned within that State or territory, 
        to use the property has been submitted but has not been 
        approved, and the party seeking redress has applied for 
        one appeal or waiver which has not been approved, where 
        the applicable statute, ordinance, custom, or usage 
        provides a mechanism for appeal to or waiver by an 
        administrative agency; or
          ``(II) one meaningful application, as defined by the 
        locality concerned within that State or territory, to 
        use the property has been submitted but has not been 
        approved, and the disapproval explains in writing the 
        use, density, or intensity or development of the 
        property that would be approved, with any conditions 
        therefor, and the party seeking redress has resubmitted 
        another meaningful application taking into account the 
        terms of the disapproval, except that--
                  ``(aa) if no such reapplication is submitted, 
                then a final decision shall not have been 
                reached for purposes of this subsection, except 
                as provided in subparagraph (B); and
                  ``(bb) if the reapplication is not approved, 
                or if the reapplication is not required under 
                subparagraph (B), then a final decision exists 
                for purposes of this subsection if the party 
                seeking redress has applied for one appeal or 
                waiver with respect to the disapproval, which 
                has not been approved, where the applicable 
                statute, ordinance, custom, or usage provides a 
                mechanism of appeal or waiver by an 
                administrative agency; and
    Page 4, line 14, strike ``(C)'' and insert ``(iii)''.
    Page 4, strike lines 19 through 24 and insert the 
following:
    ``(B) The party seeking redress shall not be required to 
apply for an appeal or waiver described in paragraph (1)(B) if 
no such appeal or waiver is available, if it cannot provide the 
relief requested, or if the application or reapplication would 
be futile.
    Page 5, line 4, strike the quotation marks and second 
period.
    Page 5, insert the following after line 4:
    ``(f) Nothing in subsections (c), (d), or (e) alters the 
substantive law of takings of property, including the burden of 
proof borne by the plaintiff.''.
    Page 5, lines 18 thru 20, strike ``, without regard to any 
uses that may be permitted elsewhere''.
    Page 5, line 22, strike ``denied'' and insert ``has not 
been approved''.
    Page 5, lines 23 and 24, strike ``but is denied one appeal 
or waiver'' and insert ``one appeal or waiver which has not 
been approved''.
    Page 6, line 6, strike ``the prospects'' and all that 
follows through ``merits'' on line 9 and insert ``application 
or reapplication to use the property would be futile''.
    Page 6, line 9, strike the quotation marks and second 
period.
    Page 6, insert the following after line 9:
    ``(3) Nothing in this subsection alters the substantive law 
of takings of property, including the burden of proof borne by 
the plaintiff.''.
    Page 6, lines 22 through 24, strike ``, without regard to 
any uses that may be permitted elsewhere''.
    Page 7, line 2, strike ``denied'' and insert ``has not been 
approved''.
    Page 7, lines 3 and 4, strike ``but is denied one appeal or 
waiver'' and insert ``one appeal or waiver which has not been 
approved''.
    Page 7, line 9, strike ``the prospects'' and all that 
follows through ``merits'' on line 11 and insert ``application 
or reapplication to use the property would be futile''.
    Page 7, line 11, insert the following after the first 
period: ``Nothing in this paragraph alters the substantive law 
of takings of property, including the burden of proof borne by 
the plaintiff.''.

                                PART II

    The amendment made in order by the rule is as follows:

 2. An Amendment To Be Offered by Representative Boehlert of New York, 
                or a Designee, Debatable for 30 Minutes

    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Rights 
Implementation Act of 1997''.

SEC. 2. UNITED STATES AS DEFENDANT.

    Section 1346 of title 28, United States Code, is amended by 
adding at the end the following:
    ``(h)(1) Any claim brought under subsection (a) that is 
founded upon a property right or privilege secured by the 
Constitution, but was allegedly infringed or taken by the 
United States, shall be ripe for adjudication upon a final 
decision rendered by the United States, that causes actual and 
concrete injury to the party seeking redress.
    ``(2) For purposes of this subsection, a final decision 
exists if--
          ``(A) the United States makes a definitive decision 
        regarding the extent of permissible uses on the 
        property that has been allegedly infringed or taken; 
        and
          ``(B) one meaningful application, as defined by the 
        relevant department or agency, to use the property has 
        been submitted but denied, and the party seeking 
        redress has applied for but is denied one appeal or 
        waiver, where the applicable law of the United States 
        provides a mechanism for appeal to or waiver by an 
        administrative agency.
The party seeking redress shall not be required to apply for an 
appeal or waiver described in subparagraph (B) if no such 
appeal or waiver is available or if such an appeal or waiver 
would be futile.''.

SEC. 3. JURISDICTION OF COURT OF FEDERAL CLAIMS.

    Section 1491(a) of title 28, United States Code, is amended 
by adding at the end the following:
    ``(3) Any claim brought under this subsection founded upon 
a property right or privilege secured by the Constitution, but 
allegedly infringed or taken by the United States, shall be 
ripe for adjudication upon a final decision rendered by the 
United States, that causes actual and concrete injury to the 
party seeking redress. For purposes of this paragraph, a final 
decision exists if--
          ``(A) the United States makes a definitive decision 
        regarding the extent of permissible uses on the 
        property that has been allegedly infringed or taken; 
        and
          ``(B) one meaningful application, as defined by the 
        relevant department or agency, to use the property has 
        been submitted but denied, and the party seeking 
        redress has applied for but is denied one appeal or 
        waiver, where the applicable law of the United States 
        provides a mechanism for appeal or waiver.
The party seeking redress shall not be required to apply for an 
appeal or waiver described in subparagraph (B) if no such 
appeal or waiver is available or if such an appeal or waiver 
would be futile.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply to actions 
commenced on or after the 120th day after the date of the 
enactment of this Act.