I

104TH CONGRESS

1ST SESSION H. R. 1277

To improve procedures for determining when a taking of private property

has occurred, and to direct the Secretary of Agriculture to report to

Congress with respect to takings under progress at the Department

of Agriculture.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1995

Mr. CONDIT introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Agriculture,

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

A BILL

To improve procedures for determining when a taking of

private property has occurred, and to direct the Secretary of Agriculture to report to Congress with respect

to takings under progress at the Department of

Agriculture.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Private Property Im5 pact Assessment Act of 1995’’.
2

•HR 1277 IH

1 SEC. 2. LIMITATION ON AGENCY ACTION.

2 No agency action that will have binding force on an

3 owner of property with respect to the use of that property

4 shall take effect until the President certifies that the agen5 cy taking that action is in compliance with the guidelines

6 required by this Act.

7 SEC. 3. GUIDELINES.

8 (a) ISSUANCE.—Not later than 180 days after the

9 date of the enactment of this Act, the President shall by

10 rule issue guidelines—

11 (1) for assessing whether a proposed agency ac12 tion will have the potential for taking private prop13 erty or imposing a negative impact on private prop14 erty; and

15 (2) minimizing that taking or impact wherever

16 possible.

17 (b) IMPLEMENTING RULES.—Not later than 60 days

18 after the date guidelines are issued under subsection (a),

19 each agency shall issue rules implementing those guide20 lines with respect to that agency.

21 SEC. 4. REPORT.

22 Not later than one year after the President issues

23 guidelines under section 3, the President shall, after af24 fording the public notice and an opportunity to comment,

25 report to Congress—
3

•HR 1277 IH

1 (1) the status of each agency’s compliance with

2 this Act;

3 (2) an evaluation of the guidelines; and

4 (3) any recommendations for additional legisla5 tive or administrative action to minimize the taking

6 of private property by the Federal Government.

7 SEC. 5. CONSULTATION.

8 The President and each agency, in carrying out du9 ties under sections 3 and 4, shall consult with representa10 tives of appropriate State agencies and local governments

11 and other appropriate parties.

12 SEC. 6. STUDY BY SECRETARY OF AGRICULTURE.

13 Not later than 300 days after the date of the enact14 ment of this Act, the Secretary of Agriculture shall con15 duct a study to determine the effect of this Act on the

16 farm economy and agricultural production of the United

17 States, and report the results of such study to the

18 Congress.

19 SEC. 7. DEFINITIONS.

20 As used in this Act—

21 (1) the term ‘‘agency’’ has the meaning given

22 such term in section 551 of title 5, United States

23 Code;
4

•HR 1277 IH

1 (2) the term ‘‘agency action’’ has the meaning

2 given such term in section 551 of title 5, United

3 States Code;

4 (3) the term ‘‘private property’’ includes real

5 and personal property and tangible and intangible

6 property;

7 (4) the term ‘‘taking’’ means a taking with re8 spect to which compensation to the owner is required

9 by the Constitution of the United States;

10 (5) the term ‘‘negative impact’’, with respect to

11 a given property, means an impact that diminishes

12 the value of that property by 20 percent or more of

13 the affected portion; and

14 (6) the term ‘‘President’’ means the President

15 or his designee.

Æ