79–008

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–525

PROVIDING FOR THE CONSIDERATION OF H.R. 2372, THE

PRIVATE PROPERTY RIGHTS IMPLEMENTATION ACT OF

2000

MARCH 15, 2000.—Referred to the House Calendar and ordered to be printed

Ms. PRYCE of Ohio, from the Committee on Rules,

submitted the following

REPORT

[To accompany H. Res. 441]

The Committee on Rules, having had under consideration House

Resolution 441, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of H.R. 2372, the

Private Property Rules Implementation Act of 2000, under a structured 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 makes in order the Committee on the Judiciary amendment in the nature of a substitute now printed in the bill as an

original bill for the purpose of amendment. The rule also makes in

order only those amendments printed in this report. Those amendments may be offered only in the order printed in this report, may

be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject

to a demand for a division of the question in the House or in the

Committee of the Whole.

The rule waives all points of order against the amendments

printed in this report. The Chairman of the Committee of the

Whole may postpone votes during consideration of the bill, and reduce voting time to five minutes on a postponed question if the vote

follows a fifteen minute vote. Finally, the rule provides one motion

to recommit with or without instructions.
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AMENDMENTS MADE IN ORDER UNDER THE RULE

Watt/Conyers: Amends 28 U.S.C. § 1343 and other U.S. Code provisions to ensure uniformity in the litigation of constitutional

claims, including those claims involving the uses of property. (20

minutes)

Traficant: Perfecting amendment to Section 5 of the bill to clarify

that the government has 14 days to notify landowners of their

rights. (10 minutes)

Boehlert: Amendment in the Nature of a Substitute. Eliminates

Section 2 of the bill and retains the heart of Sections 3 and 4 of

the bill, which attempts to expedite takings cases in which federal

(as opposed to local) actions are at issue. (60 minutes)

Text of amendments made in order under the rule:

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATT OF

NORTH CAROLINA, OR REPRESENTATIVE CONYERS OF MICHIGAN,

OR A DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 3, beginning on line 8, strike ‘‘in an action in which the operative facts concern the uses of real property’’.

Page 3, beginning on line 16, strike ‘‘in which the operative facts

concern the uses of real property and’’.

Page 4, line 4, strike ‘‘property’’.

Page 4, beginning on line 16, strike ‘‘, regarding the extent of

permissible uses on the property that has been allegedly infringed

or taken’’.

Page 4, line 20, strike ‘‘to use the property’’.

Page 5, line 4, strike ‘‘to use the property’’.

Page 5, beginning on line 6, strike ‘‘use, density, or intensity or

development of the property that would be approved, with any conditions therefor,’’ and insert instead ‘‘reasons for such disapproval’’.

Page 6, line 19, strike ‘‘the’’.

Page 6, line 20, strike ‘‘of takings of property’’.

Page 7, beginning on line 1, strike ‘‘that’’ and all that follows

through ‘‘States,’’ on line 4.

Page 7, beginning on line 10, strike ‘‘, regarding the extent of

permissible uses on the property that has been allegedly infringed

or taken’’.

Page 7, line 14, strike ‘‘to use the property’’.

Page 7, line 16, strike ‘‘or waiver’’.

Page 8, line 4, strike ‘‘the’’.

Page 8, line 5, strike ‘‘of takings of property’’.

Page 8, beginning on line 10, strike ‘‘founded’’ and all that follows through ‘‘States,’’ on page 8, line 12.

Page 8, beginning on line 18, strike ‘‘, regarding the extent of

permissible uses on the property that has been allegedly infringed

or taken’’.

Page 8, line 22, strike ‘‘to use the property’’.

Page 8, line 24, strike ‘‘or waiver’’.

Page 9, line 15, strike ‘‘limiting the use of private property’’.

Page 9, line 17, strike ‘‘owners of that property’’ and insert instead ‘‘party affected by such action’’.
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2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TRAFICANT

OF OHIO, OR A DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 5, after ‘‘the agency shall’’ insert ‘‘, not later than 14

days after the agency takes that action,’’.

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BOEHLERT

OF NEW YORK, OR A DESIGNEE, DEBATABLE FOR 60 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 2000’’.

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.
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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.

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