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103D CONGRESS

1ST SESSION H. R. 1388

To compensate owners for the diminution in value of their property as

a result of Federal actions under certain laws, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 17, 1993

Mr. SMITH of Oregon introduced the following bill; which was referred jointly

to the Committees on Merchant Marine and Fisheries, Public Works and

Transportation, and Natural Resources

A BILL

To compensate owners for the diminution in value of their

property as a result of Federal actions under certain

laws, and for other purposes.

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 ‘‘Just Compensation

5 Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that there are certain Federal

8 laws, regulations, and actions which substantially ad9 versely affect the value of private property.
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1 SEC. 3. PURPOSE.

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

3 or inadvertent burdens on the public resulting from cer4 tain lawful governmental actions.

5 SEC. 4. PRIVATE PROPERTY.

6 As used in this Act, the term ‘‘private property’’ in7 cludes all property protected by the Fifth Article of

8 Amendment to the United States Constitution, including

9 (but not limited to) real and personal property and tan10 gible and intangible property.

11 SEC. 5. COMPENSATION FOR DIMINUTION IN VALUE OF

12 PRIVATE PROPERTY RIGHTS.

13 (a) IN GENERAL.—The head of any Federal agency

14 who takes an action under any of the provisions of law

15 specified in subsection (d), or regulations issued pursuant

16 to any of such laws, shall compensate the owner of private

17 property for any diminution in value caused by the action.

18 Action may cause the diminution in value of private prop19 erty—

20 (1) even though the action results in less than

21 a complete deprivation of all use or value or of all

22 separate distinct interests in the same private prop23 erty; and

24 (2) even if the action is temporary in nature.

25 (b) DUTY OF FEDERAL AGENCY HEADS.—The head

26 of each Federal agency shall, at the time of issuing regula-
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1 tions or undertaking any activity under any of the provi2 sions of law specified in subsection (d), determine whether

3 such regulations or activity results in the diminution in

4 value of private property such that such diminution is

5 compensable under this Act.

6 (c) COMPENSATION.—(1) Within 60 days after the

7 date of issuance of any such regulation or the taking of

8 any such action which results in a diminution in value of

9 private property which is compensable under this Act, the

10 head of the Federal agency concerned shall make an offer

11 of compensation to the owner of the private property af12 fected. Any offer made under this paragraph shall be ef13 fective for one year.

14 (2) Such owner may reject the offer and, within one

15 year after such rejection, file a claim for compensation in

16 the United States Claims Court for a determination of the

17 value of the property affected. In addition to awarding fair

18 market value for the property affected, the court may

19 award reasonable attorney’s fees and expenses of litiga20 tion.

21 (3) In any case in which the property affected in22 volves lands, such owner, in lieu of a claim under para23 graph (2), may exchange in accordance with applicable

24 Federal law lands affected by such law, regulation, or ac25 tivity.
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1 (4) Such owner may also accept such compensation

2 as may be available under other laws for tax benefits, min3 eral rights credits, and comparable offers for value by the

4 United States.

5 (5) Any cash settlement or judgment from the United

6 States Claims Court pursuant to paragraph (2) shall be

7 paid as a matter of right from the land and water con8 servation fund established by section 2 of the Land and

9 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

10 5).

11 (d) LAWS.—The provisions of law referred to in this

12 section are the following:

13 (1) The Endangered Species Act of 1973 (16

14 U.S.C. 1531 et seq.).

15 (2) Section 404 of the Federal Water Pollution

16 Control Act (33 U.S.C. 1344) as it applies to wet17 lands.

18 (3) The Surface Mining Control and Reclama19 tion Act of 1977 (30 U.S.C. 1201 et seq.).

20 (4) Subsections (c), (d), (e), and (f) of section

21 9 of the National Trails System Act (16 U.S.C.

22 1248).

23 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

24 There is authorized to be appropriated such sums as

25 may be necessary to carry out this Act.
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1 SEC. 7. EFFECTIVE DATE.

2 This Act shall apply to any activity of the United

3 States Government after the date of enactment of this Act.

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