Omnibus Property Rights Act of 1997

Summary: TABLE OF CONTENTS: 
     Title I:  Findings and Purposes 
     Title II:  Property Rights Litigation Relief 
     Title III:  Alternative Dispute Resolution 
     Title IV:  Private Property Taking Impact Analysis 
     Title V:  Miscellaneous 
Omnibus Property Rights Act of 1997 - 
Title I:  Findings and Purposes
 - Sets forth findings and purposes for this Act. 
Title II:  Property Rights Litigation Relief
 - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner.  Sets forth the circumstances in which compensation is required. 
Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program. 
Title III:  Alternative Dispute Resolution
 - Provides for settlement or arbitration, on consent of both parties, of property rights disputes.  Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title. 
Title IV:  Private Property Taking Impact Analysis
 - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public. 
Title V:  Miscellaneous
 - Sets forth severability provisions and the effective date of this Act.

SEC. 301. ALTERNATIVE DISPUTE RESOLUTION.

    (a) In General.--Either party to a dispute over a taking of private 
property as defined under title II of this Act or litigation commenced 
under such title may elect to resolve the dispute through settlement or 
arbitration. In the administration of this section--
            (1) such alternative dispute resolution may only be 
        effectuated by the consent of all parties;
            (2) arbitration procedures shall be in accordance with the 
        alternative dispute resolution procedures established by the 
        American Arbitration Association; and
            (3) in no event shall arbitration be a condition precedent 
        or an administrative procedure to be exhausted before the 
        filing of a civil action under this Act.
    (b) Compensation as a Result of Arbitration.--The amount of 
arbitration awards shall be paid from the responsible agency's 
currently available appropriations supporting the agency's activities 
giving rise to the claim for compensation. If insufficient funds are 
available to the agency in the fiscal year in which the award becomes 
final, the agency shall either pay the award from appropriations 
available in the next fiscal year or promptly seek additional 
appropriations for such purpose.
    (c) Review of Arbitration.--(1) Appeal from arbitration decisions 
shall be to the United States District Court or the United States Court 
of Federal Claims in the manner prescribed by law for the claim under 
this Act.
    (2) The provisions of title 9, United States Code (relating to 
arbitration), shall apply to enforcement of awards rendered under this 
section.
    (d) Payment of Certain Compensation.--In any appeal under 
subsection (c), the amount of the award of compensation shall be 
promptly paid by the agency from appropriations supporting the 
activities giving rise to the claim for compensation currently 
available at the time of final action on the appeal. If insufficient 
funds are available to the agency in the fiscal year in which the award 
becomes final, the agency shall either pay the award from 
appropriations available in the next fiscal year or promptly seek 
additional appropriations for such purpose.

           TITLE IV--PRIVATE PROPERTY TAKING IMPACT ANALYSIS

SEC. 401. PURPOSES.

    The purposes of this title are--
            (1) to protect the health, safety, welfare, and rights of 
        the public; and
            (2) to the extent practicable, avoid takings of private 
        property by assessing the effect of government action on 
        private property rights.

SEC. 402. DEFINITIONS.

    For purposes of this title the term--
            (1) ``agency'' means an agency as defined under section 203 
        of this Act, but shall not include the General Accounting 
        Office;
            (2) ``rule'' has the same meaning as such term is defined 
        under section 551(4) of title 5, United States Code;
            (3) ``property or private property'' refers to all property 
        protected by the takings clause of the fifth amendment of the 
        United States Constitution; and
            (4) ``taking of private property'' has the same meaning as 
        such term is defined under section 203 of this Act.

SEC. 403. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

    (a) In General.--(1) The Congress authorizes and directs that, to 
the fullest extent possible--
            (A) the policies, regulations, and public laws of the 
        United States shall be interpreted and administered in 
        accordance with the policies under this title; and
            (B) subject to paragraph (2), all agencies of the Federal 
        Government shall complete a private property taking impact 
        analysis before issuing or promulgating any policy, regulation, 
        proposed legislation, or related agency action which is likely 
        to result in a taking of private property.
    (2) The provisions of paragraph (1)(B) shall not apply to--
            (A) an action in which the power of eminent domain is 
        formally exercised;
            (B) an action taken--
                    (i) with respect to property held in trust by the 
                United States; or
                    (ii) in preparation for, or in connection with, 
                treaty negotiations with foreign nations;
            (C) a law enforcement action, including seizure, for a 
        violation of law, of property for forfeiture, or as evidence in 
        a criminal proceeding;
            (D) a study or similar effort or planning activity;
            (E) a communication between an agency and a State or local 
        land-use planning agency concerning a planned or proposed State 
        or local activity that regulates private property, regardless 
        of whether the communication is initiated by an agency or is 
undertaken in response to an invitation by the State or local 
authority;
            (F) the placement of a military facility or a military 
        activity involving the use of solely Federal property;
            (G) any military or foreign affairs function (including a 
        procurement function under a military or foreign affairs 
        function), but not including the civil works program of the 
        Army Corps of Engineers; and
            (H) any case in which there is an immediate threat to 
        health or safety that constitutes an emergency requiring 
        immediate response or the issuance of a regulation under 
        section 553(b)(B) of title 5, United States Code, if the taking 
        impact analysis is completed after the emergency action is 
        carried out or the regulation is published.
    (3) A private property taking impact analysis shall be a written 
statement that includes--
            (A) the specific purpose of the policy, regulation, 
        proposal, recommendation, or related agency action;
            (B) an assessment of the likelihood that a taking of 
        private property will occur under such policy, regulation, 
        proposal, recommendation, or related agency action;
            (C) an evaluation of whether such policy, regulation, 
        proposal, recommendation, or related agency action is likely to 
        require compensation to private property owners;
            (D) alternatives to the policy, regulation, proposal, 
        recommendation, or related agency action that would achieve the 
        intended purposes of the agency action and lessen the 
        likelihood that a taking of private property will occur; and
            (E) an estimate of the potential liability of the Federal 
        Government if the Government is required to compensate a 
        private property owner.
    (4) Each agency shall provide an analysis required under this 
section as part of any submission otherwise required to be made to the 
Office of Management and Budget in conjunction with a proposed 
regulation.
    (b) Guidance and Reporting Requirements.--(1) The Attorney General 
of the United States shall provide legal guidance in a timely manner, 
in response to a request by an agency, to assist the agency in 
complying with this section.
    (2) No later than 1 year after the date of enactment of this Act 
and at the end of each 1-year period thereafter, each agency shall 
submit a report to the Director of the Office of Management and Budget 
and the Attorney General of the United States identifying each agency 
action that has resulted in the preparation of a taking impact 
analysis, the filing of a taking claim, or an award of compensation 
under the just compensation clause of the fifth amendment of the United 
States Constitution. The Director of the Office of Management and 
Budget and the Attorney General of the United States shall publish in 
the Federal Register, on an annual basis, a compilation of the reports 
of all agencies submitted under this paragraph.
    (c) Public Availability of Analysis.--An agency shall--
            (1) make each private property taking impact analysis 
        available to the public; and
            (2) to the greatest extent practicable, transmit a copy of 
        such analysis to the owner or any other person with a property 
        right or interest in the affected property.
    (d) Presumptions in Proceedings.--For the purpose of any agency 
action or administrative or judicial proceeding, there shall be a 
rebuttable presumption that the costs, values, and estimates in any 
private property takings impact analysis shall be outdated and 
inaccurate, if--
            (1) such analysis was completed 5 years or more before the 
        date of such action or proceeding; and
            (2) such costs, values, or estimates have not been modified 
        within the 5-year period preceding the date of such action or 
        proceeding.

SEC. 404. RULES OF CONSTRUCTION.

    Nothing in this title shall be construed to--
            (1) limit any right or remedy, constitute a condition 
        precedent or a requirement to exhaust administrative remedies, 
        or bar any claim of any person relating to such person's 
        property under any other law, including claims made under this 
        Act, section 1346 or 1402 of title 28, United States Code, or 
        chapter 91 of title 28, United States Code; or
            (2) constitute a conclusive determination of--
                    (A) the value of any property for purposes of an 
                appraisal for the acquisition of property, or for the 
                determination of damages; or
                    (B) any other material issue.

SEC. 405. STATUTE OF LIMITATIONS.

    No action may be filed in a court of the United States to enforce 
the provisions of this title on or after the date occurring 6 years 
after the date of the submission of the applicable private property 
taking impact analysis to the Office of Management and Budget.

                         TITLE V--MISCELLANEOUS

SEC. 501. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

SEC. 502. RULE OF CONSTRUCTION RELATING TO CIVIL RIGHTS LAWS.

    This Act shall not be construed to apply to any Federal law that 
prohibits discrimination on the basis of race, color, religion, sex, 
national origin, age, or disability.

SEC. 503. EFFECTIVE DATE.

    Except as otherwise provided in this Act, the provisions of this 
Act shall take effect on the date of enactment and shall apply to any 
agency action of the United States Government after such date.