IB 

Union Calendar No. 142 

109TH CONGRESS 

1ST SESSION H. R. 3405 

[Report No. 109–261, Part I] 

To prohibit the provision of Federal economic development assistance for 

any State or locality that uses the power of eminent domain power 

to obtain property for private commercial development or that fails to 

pay relocation costs to persons displaced by use of the power of eminent 

domain for economic development purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2005 

Mr. BONILLA (for himself, Ms. HERSETH, Mr. GOODLATTE, Ms. WATERS, Mr. 

POMBO, Mr. SMITH of Texas, Mr. DEFAZIO, Mr. OTTER, Mrs. DRAKE, 

Mr. BOYD, Mr. CALVERT, Mr. PEARCE, Mr. KUCINICH, Mr. DUNCAN, 

Mr. THORNBERRY, Mr. NEUGEBAUER, and Mr. MCKEON) introduced the 

following bill; which was referred to the Committee on Agriculture, and 

in addition to the Committees on Transportation and Infrastructure, Financial Services, Resources, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

OCTOBER 31, 2005 

Additional sponsors: Mr. CANNON, Mr. CARTER, Mr. GOODE, Mr. MORAN of 

Kansas, Mrs. EMERSON, Mr. WALDEN of Oregon, Mr. MANZULLO, Mr. 

BOOZMAN, Mr. BARTLETT of Maryland, Mrs. CUBIN, Mr. TOM DAVIS of 

Virginia, Mr. BAKER, Mr. JONES of North Carolina, Mr. HALL, Mr. 

PITTS, Mr. PENCE, Mrs. MUSGRAVE, Mr. SHADEGG, Mr. FLAKE, Mr. 

WAMP, Mr. LUCAS, Mr. SCOTT of Georgia, Mr. SESSIONS, Mr. MCCAUL

of Texas, Mr. GARRETT of New Jersey, Mr. CONAWAY, Mr. ROSS, Mr. 

KIND, Mr. MCINTYRE, Mr. PETERSON of Minnesota, Mr. LEACH, Mr. 

WILSON of South Carolina, Mr. LEWIS of Kentucky, Mr. BACHUS, Mr. 

KUHL of New York, Mr. CUELLAR, Mr. HERGER, Mr. MACK, Mr. DOOLITTLE, Mr. MCGOVERN, Ms. HARRIS, Mr. RAMSTAD, Mr. OSBORNE, Mr. 

SCHWARZ of Michigan, Mr. GUTKNECHT, Mr. HAYES, Mr. SALAZAR, Mr. 

CHANDLER, Mr. GENE GREEN of Texas, Mr. LATHAM, Mrs. JO ANN
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DAVIS of Virginia, Mr. GORDON, Mr. JENKINS, Mr. STUPAK, Mr. 

HOLDEN, Mr. ETHERIDGE, Mr. BOSWELL, Ms. ROS-LEHTINEN, Mr. 

HAYWORTH, Mr. RANGEL, Mr. FORD, Mr. BURTON of Indiana, Mr. CANTOR, Mr. COBLE, Mr. COLE of Oklahoma, Mr. DEAL of Georgia, Mr. 

MARIO DIAZ-BALART of Florida, Mr. FORBES, Mr. HENSARLING, Mr. 

SAM JOHNSON of Texas, Mr. MCCRERY, Mr. NORWOOD, Mr. REHBERG, 

Mr. ROGERS of Michigan, Mr. RYAN of Wisconsin, Mr. SHUSTER, Mr. 

TIAHRT, Ms. JACKSON-LEE of Texas, Mr. ALEXANDER, Ms. KILPATRICK

of Michigan, Mr. WELDON of Florida, Mr. COSTA, Mr. MARCHANT, Mr. 

CLAY, Mr. EDWARDS, Mrs. MYRICK, Mr. EVERETT, Mr. LEWIS of California, Mr. PUTNAM, Mr. ROGERS of Alabama, Mr. HUNTER, Mr. PAUL, 

Mr. BARROW, Mr. KLINE, Mr. AKIN, and Mr. CULBERSON

OCTOBER 31, 2005 

Reported from the Committee on Agriculture with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

OCTOBER 31, 2005 

Committees on Transportation and Infrastructure, Financial Services, Resources, and Education and the Workforce discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

[For text of introduced bill, see copy of bill as introduced on July 22, 2005] 

A BILL 

To prohibit the provision of Federal economic development 

assistance for any State or locality that uses the power 

of eminent domain power to obtain property for private 

commercial development or that fails to pay relocation 

costs to persons displaced by use of the power of eminent 

domain for economic development purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening the Own3 ership of Private Property Act of 2005’’ or the ‘‘STOPP 

4 Act of 2005’’. 

5 SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER 

6 FEDERAL ECONOMIC DEVELOPMENT PRO7 GRAMS. 

8 (a) PROHIBITION OF ASSISTANCE.— 

9 (1) PROHIBITION.—If, after the date of the enact10 ment of this Act, an entity using the power of a State 

11 engages in any conduct described in subsection (b), no 

12 officer or employee of the Federal Government having 

13 responsibility over Federal financial assistance under 

14 any Federal economic development program shall 

15 make such assistance available to the relevant entity 

16 during the period described in paragraph (3). 

17 (2) ENTITY TOWHICH ASSISTANCE IS PROHIB18 ITED.—In this subsection, the term ‘‘relevant entity’’ 

19 means— 

20 (A) the entity engaging in the conduct de21 scribed in subsection (b), if that entity is a State 

22 or a unit of general local government of a State; 

23 and 

24 (B) the State or unit of general local gov25 ernment that gave authority for the entity to en26 gage in that conduct, in any other case. 
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1 (3) DURATION OF PROHIBITION.—The period re2 ferred to in paragraph (1) is the period that begins 

3 on the date the officer or employee of the Federal Gov4 ernment having responsibility over Federal financial 

5 assistance under the Federal economic development 

6 program determines that the relevant entity has en7 gaged in the conduct described in subsection (b) and 

8 ends with the earlier of— 

9 (A) the day that is two years after the date 

10 the period began; or 

11 (B) the day that the property is returned to 

12 the entity from whom the property was taken. 

13 (b) CONDUCT RESULTING IN PROHIBITION OF ASSIST14 ANCE.—The conduct described in this subsection is the fol15 lowing: 

16 (1) Any use of the power of eminent domain to 

17 take property from a private entity and transfer the 

18 ownership of, or a leasehold interest, in the property 

19 (or a portion thereof) to another private entity, except 

20 for a transfer— 

21 (A) for use by a public utility; 

22 (B) for a road or other right of way or 

23 means, open to the public or common carriers, 

24 for transportation; 
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1 (C) for an aqueduct, pipeline, or similar 

2 use; 

3 (D) for a prison or hospital; or 

4 (E) for any use during and in relation to 

5 a national emergency or national disaster de6 clared by the President under other law. 

7 (2) FAILURE TO PROVIDE RELOCATION ASSIST8 ANCE FOR PERSONS DISPLACED BY USE OF EMINENT

9 DOMAIN FOR ECONOMIC DEVELOPMENT.—Failing to 

10 provide, to any person displaced from property by the 

11 use of the power of eminent domain for any economic 

12 development purpose, relocation assistance under the 

13 Uniform Relocation Assistance and Real Property Ac14 quisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) 

15 in the same manner and to the same extent as reloca16 tion assistance would be required under such Act to 

17 be provided by a Federal agency that undertakes a 

18 program or project that results in displacement of the 

19 person. 

20 SEC. 3. PRIVATE RIGHT OF ACTION. 

21 The owner of any real property taken by conduct re22 sulting in the prohibition by this Act of assistance may, 

23 in a civil action, obtain injunctive and declaratory relief 

24 to require the enforcement of that prohibition. 
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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

3 (1) FEDERAL ECONOMIC DEVELOPMENT PRO4 GRAM.—The term ‘‘Federal economic development 

5 program’’ means any of the following programs: 

6 (A) DEPARTMENT OF AGRICULTURE.— 

7 (i) FOREST SERVICE.— 

8 (I) Programs under the National 

9 Forest-Dependent Rural Communities 

10 Economic Diversification Act of 1990 

11 (7 U.S.C. 6611 et seq.). 

12 (II) The rural development 

13 through forestry program authorized 

14 by the Department of the Interior and 

15 Related Agencies Appropriations Act, 

16 2006 (Public Law 109–54; 119 Stat. 

17 538), and subsequent appropriations 

18 laws. 

19 (ii) RURAL BUSINESS—COOPERATIVE

20 SERVICE.— 

21 (I) The intermediary relending 

22 program under section 1323 of the 

23 Food Security Act of 1985 (7 U.S.C. 

24 1932 note). 

25 (II) The rural business opportuni26 ties grant program under section 
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1 306(a)(11) of the Consolidated Farm 

2 and Rural Development Act (7 U.S.C. 

3 1926(a)(11)). 

4 (III) The program for assistance 

5 to cooperatives for economic develop6 ment under the Act of July 2, 1926 (7 

7 U.S.C. 451 et seq.) and subtitle A of 

8 the Agricultural Marketing Act of 1946 

9 (7 U.S.C. 1621 et seq.). 

10 (IV) The rural business enterprise 

11 grants program under section 310B(c) 

12 of the Consolidated Farm and Rural 

13 Development Act (7 U.S.C. 1932(c)). 

14 (V) The rural economic develop15 ment loans and grants program under 

16 title III of the Rural Electrification 

17 Act of 1936 (7 U.S.C. 930 et seq.). 

18 (iii) RURAL UTILITIES SERVICE.— 

19 (I) The program for grants, direct 

20 loans, and guaranteed loans for water 

21 and waste disposal systems for rural 

22 communities under paragraphs (1) 

23 and (2) of section 306(a) of the Con24 solidated Farm and Rural Develop25 ment Act (7 U.S.C. 1926(a)). 
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1 (II) The Rural Utilities Service 

2 program for grants and loans to the 

3 Denali Commission under section 

4 19(a)(2) of the Rural Electrification 

5 Act of 1936 (7 U.S.C. 918a(a)(2)). 

6 (iv) RURAL HOUSING SERVICE.— 

7 (I) The rural community develop8 ment initiative pursuant to the Agri9 culture, Rural Development, Food and 

10 Drug Administration, and Related 

11 Agencies Appropriations Act, 2001 

12 (Public Law 106–387; 114 Stat. 

13 1549A–17) and the Agriculture, Rural 

14 Development, Food and Drug Adminis15 tration, and Related Agencies Appro16 priations Act, 2005 (Public Law 108– 

17 447; 118 Stat. 2826). 

18 (II) The program for loans and 

19 grants for essential community facili20 ties under section 306(a)(1) of the Con21 solidated Farm and Rural Develop22 ment Act (7 U.S.C. 1926(a)(1)). 

23 (v) FARM SERVICE AGENCY.—The pro24 gram for loans to Indian tribes and tribal 

25 corporations under the Consolidated Farm 
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1 and Rural Development Act (7 U.S.C. 1921 

2 et seq.). 

3 (vi) RURAL BUSINESS INVESTMENT

4 PROGRAM.—The rural business investment 

5 program under subtitle H of the Consoli6 dated Farm and Rural Development Act (7 

7 U.S.C. 2009cc et seq.). 

8 (B) DEPARTMENT OF COMMERCE—ECO9 NOMIC DEVELOPMENT ADMINISTRATION.—Any 

10 program for financial assistance under the Pub11 lic Works and Economic Development Act of 

12 1965 (42 U.S.C. 3121 et seq.). 

13 (C) DEPARTMENT OF HOUSING AND URBAN

14 DEVELOPMENT.— 

15 (i) The community development block 

16 grant programs under title I of the Housing 

17 and Community Development Act of 1974 

18 (42 U.S.C. 5301 et seq.), including the enti19 tlement grants, small cities, special purpose 

20 and insular areas grants, States, Indian 

21 tribe grants, and loan guarantee programs. 

22 (ii) The brownfields economic develop23 ment initiative under section 108(q) of the 

24 Housing and Community Development Act 

25 of 1974 (42 U.S.C. 5308(q)). 
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1 (iii) The rural housing and economic 

2 development program of the Department of 

3 Housing and Urban Development pursuant 

4 to title II of the Departments of Veterans 

5 Affairs and Housing and Urban Develop6 ment, and Independent Agencies Appropria7 tions Act, 2005 (Public Law 108–447; 118 

8 Stat. 3300) and title II of the Departments 

9 of Veterans Affairs and Housing and Urban 

10 Development, and Independent Agencies Ap11 propriations Act, 1999 (Public Law 105– 

12 276; 112 Stat. 2475). 

13 (iv) The Indian housing block grant 

14 program under the Native American Hous15 ing Assistance and Self-Determination Act 

16 of 1996 (25 U.S.C. 4101 et seq.). 

17 (D) DEPARTMENT OF THE INTERIOR—BU18 REAU OF INDIAN AFFAIRS.—The programs for 

19 grants, loans, and loan guarantees for Indian 

20 economic development of the Office of Economic 

21 Development, Bureau of Indian Affairs of the 

22 Department of the Interior. 

23 (E) DEPARTMENT OF THE TREASURY.—The 

24 community development financial institutions 

25 fund program under subtitle A of title I of the 
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1 Riegle Community Development and Regulatory 

2 Improvement Act of 1994 (12 U.S.C. 4701 et 

3 seq.). 

4 (F) APPALACHIAN REGIONAL COMMIS5 SION.—Any program for assistance for Appa6 lachian regional development under subtitle IV 

7 of title 40, United States Code. 

8 (G) NATIONAL CREDIT UNION ADMINISTRA9 TION.—The community development revolving 

10 loan fund program for credit unions under the 

11 Community Development Credit Union Revolv12 ing Loan Fund Transfer Act (42 U.S.C. 9822 

13 note). 

14 (H) DENALI COMMISSION.—The Denali 

15 Commission program under the Denali Commis16 sion Act of 1998 (42 U.S.C. 2131 et seq.). 

17 (I) DELTA REGIONAL AUTHORITY.—The 

18 program for Delta regional development under 

19 subtitle F of the Consolidated Farm and Rural 

20 Development Act (7 U.S.C. 2009aa et seq.). 

21 (J) DEPARTMENT OF HEALTH AND HUMAN

22 SERVICES.—The discretionary award program 

23 relating to local community economic develop24 ment under section 680 of the Community Serv25 ices Block Grant Act (42 U.S.C. 9921). 
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1 (2) FEDERAL FINANCIAL ASSISTANCE.—The term 

2 ‘‘Federal financial assistance’’ has the meaning given 

3 such term in section 101 of the Uniform Relocation 

4 Assistance and Real Property Acquisition Policies Act 

5 of 1970 (42 U.S.C. 4601). 

6 (3) STATE.—The term ‘‘State’’ means any of the 

7 States of the United States, the District of Columbia, 

8 the Commonwealth of Puerto Rico, the Commonwealth 

9 of the Northern Mariana Islands, Guam, the Virgin 

10 Islands, American Samoa, and any other territory or 

11 possession of the United States. 

12 SEC. 5. SEVERABILITY. 

13 If any provision of this Act, or the application thereof, 

14 is held invalid, the validity of the remainder of this Act 

15 and the application of such provision to other persons and 

16 circumstances shall not be affected thereby. 

Union Calendar No. 142 

109TH CONGRESS 

1ST SESSION H. R. 3405 

[Report No. 109–261, Part I] 

A BILL 

To prohibit the provision of Federal economic demain for economic development purposes. sons displaced by use of the power of eminent do- ment or that fails to pay relocation costs to per- obtain property for private commercial develop- that uses the power of eminent domain power to velopment assistance for any State or locality 

OCTOBER 31, 2005 

Reported from the Committee on Agriculture with an 

amendment 

OCTOBER 31, 2005 

Committees on Transportation and Infrastructure, Fidered to be printed the Whole House on the State of the Union and or- Workforce discharged; committed to the Committee of nancial Services, Resources, and Education and the