I

103D CONGRESS

1ST SESSION H. R. 561

To ensure that Federal agencies establish the appropriate procedures for

assessing whether or not Federal regulations might result in the taking

of private property, and to direct the Secretary of Agriculture to report

to the Congress with respect to such takings under programs of the

Department of Agriculture.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1993

Mr. CONDIT (for himself, Mr. BAKER of Louisiana, Mr. BARRETT of Nebraska, Mr. DOOLEY, Mr. DOOLITTLE, Mr. EMERSON, Mr. PETE GEREN

of Texas, Mrs. LLOYD, Mr. OXLEY, Mr. MONTGOMERY, Mr. QUILLEN,

Mr. SENSENBRENNER, Mr. THOMAS of Wyoming, Mr. ZELIFF, Mr.

SKEEN, Mr. PICKETT, Mr. STENHOLM, Mr. BALLENGER, Mr. ENGLISH

of Oklahoma, Mr. ANDREWS of New Jersey, Mr. JACOBS, Mr. SCHIFF,

and Mr. SUNDQUIST) introduced the following bill; which was referred

jointly to the Committees on the Judiciary and Agriculture

MAY 16, 1994

Additional sponsors: Mr. BREWSTER, Mr. GILLMOR, Mr. POMBO, Mr.

MCDADE, Mr. SARPALIUS, Mr. LIGHTFOOT, Mr. CRAPO, Mr. PENNY, Mr.

SMITH of Oregon, Mr. STUMP, Mr. CAMP, Mr. HANSEN, Mr.

ROHRABACHER, Mr. EWING, Mr. TAYLOR of North Carolina, Mr. FIELDS

of Texas, Mr. HYDE, Mr. MCHUGH, Mr. INHOFE, Mr. TAUZIN, Mr. ROBERTS, Mr. BONILLA, Mr. LIVINGSTON, Mr. PARKER, Mr. BURTON of Indiana, Mr. TRAFICANT, Mr. HEFLEY, Mr. LAFALCE, Mr. LAUGHLIN, Mr.

SLATTERY, Mr. BARCIA of Michigan, Mr. HAYES, Mr. HOLDEN, Mr.

BOEHNER, Mr. ISTOOK, Mr. APPLEGATE, Mr. MYERS of Indiana, Mr.

BARTLETT of Maryland, Mr. ORTON, Mr. BATEMAN, Mr. GORDON, Mr.

SANTORUM, Mr. NUSSLE, Mr. HOKE, Mr. BLILEY, Mr. CUNNINGHAM,

Mr. WALKER, Mr. MURTHA, Mr. SISISKY, Mr. SCHAEFER, Mr. KYL, Mr.

PACKARD, Mr. THOMAS of California, Mr. GALLEGLY, Mr. PAXON, Mr.

SHUSTER, Mr. RIDGE, Mr. TALENT, Mr. MCMILLAN, Mr. CLINGER, Mr.

MCCRERY, Mr. ALLARD, Mr. MCINNIS, Mr. DORNAN, Mr. COMBEST, Mr.

HOEKSTRA, Ms. LAMBERT, Mr. SOLOMON, Mr. PETERSON of Minnesota,

Mr. KIM, Mr. COSTELLO, Mr. DEAL, Mr. VOLKMER, Mr. TANNER, Mr.

HALL of Texas, Mr. HUTTO, Mr. JOHNSON of Georgia, Mr. BAESLER,
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•HR 561 SC

Mr. PAYNE of Virginia, Mr. POSHARD, Mr. SMITH of Texas, Mr. ARMEY,

Mr. HERGER, Mr. UPTON, Mr. ROWLAND, Mr. COOPER and Mr. KOLBE

A BILL

To ensure that Federal agencies establish the appropriate

procedures for assessing whether or not Federal regulations might result in the taking of private property,

and to direct the Secretary of Agriculture to report to

the Congress with respect to such takings under programs of 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

5 Protection Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that there are certain Federal

8 laws, regulations, and actions, which adversely affect the

9 value of private property.

10 SEC. 3. PURPOSE.

11 The purpose of this Act is to reduce the risk of undue

12 or inadvertent burdens on the public resulting from cer13 tain lawful Federal Government actions.

14 SEC. 4. DEFINITIONS.

15 In this Act—
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•HR 561 SC

1 (1) the term ‘‘private property’’ includes all

2 property protected by the fifth amendment to the

3 Constitution, including real and personal property

4 and tangible and intangible property;

5 (2) the term ‘‘taking of private property’’

6 means an activity wherein private property is taken

7 such that compensation to the owner of that prop8 erty is required by the fifth amendment to the Con9 stitution; and

10 (3) the term ‘‘agency’’ means a Federal agency

11 in the executive branch which engages in activity

12 with the potential for taking private property, in13 cluding the Department of Agriculture and any mili14 tary department, government corporation, govern15 ment-controlled corporation, or other establishment

16 in the executive branch of the United States Govern17 ment.

18 SEC. 5. PROTECTION OF PRIVATE PROPERTY.

19 No regulation issued by an agency after the date of

20 enactment of this section shall become effective until the

21 issuing agency is certified by the Attorney General to be

22 in compliance with Executive Order 12360 or similar pro23 cedures to assess the potential for the taking of private

24 property in the course of Federal regulatory activity, with

25 the goal of minimizing such takings where possible. The
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•HR 561 SC

1 Attorney General shall make a certification under this

2 paragraph no later than 90 days after the date of the issu3 ance of the regulation.

4 SEC. 6. JUDICIAL REVIEW.

5 (a) JURISDICTION.—Judicial review of an action

6 taken pursuant to this Act shall be limited to the question

7 of whether the Attorney General has certified the issuing

8 agency under section 5 as being in compliance with Execu9 tive Order 12360 or similar procedures.

10 (b) STANDING.—Only persons adversely affected by

11 an agency action taken pursuant to this Act shall have

12 standing to challenge and seek judicial review of that ac13 tion.

14 (c) SAVINGS.—Except as specifically provided in this

15 section, nothing in this section shall be construed to

16 limit—

17 (1) the right of a person to file a claim under

18 any other Federal law; or

19 (2) the scope of judicial review of an agency ac20 tion.

21 SEC. 7. STUDY AND REPORT ON TAKINGS, FARM ECONOMY,

22 AND AGRICULTURAL PRODUCTION.

23 (a) STUDY.—Before the end of the 90-day period be24 ginning on the date of the enactment of this Act, the Sec25 retary of Agriculture shall conduct a study to determine
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•HR 561 SC

1 the effect that this Act will have on the farm economy

2 and agricultural production of the United States.

3 (b) REPORT.—Before the end of the 90-day period

4 beginning on the date of the enactment of this Act, the

5 Secretary of Agriculture shall submit to the Committee on

6 Agriculture of the House of Representatives and the Com7 mittee on Agriculture, Nutrition, and Forestry of the Sen8 ate a report on the findings and conclusions of the study

9 under subsection (a), which shall include—

10 (1) a discussion of—

11 (A) administrative procedures followed by

12 the Department of Agriculture to minimize the

13 taking of private property in regulatory activi14 ties of that department; and

15 (B) measures undertaken by that depart16 ment to implement Executive Order 12360; and

17 (2) recommendations for any further legislative

18 or administrative actions that are appropriate for

19 limiting the effect that this Act will have on the

20 farm economy and agricultural production of the

21 United States.

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