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105TH CONGRESS

1ST SESSION H. R. 95

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 7, 1997

Mr. SOLOMON 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 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Private Property

3 Protection Act of 1997’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that there are certain Federal

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

7 value of private property.

8 SEC. 3. PURPOSE.

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

10 or inadvertent burdens on the public resulting from cer11 tain lawful Federal Government actions.

12 SEC. 4. DEFINITIONS.

13 In this Act—

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

15 property protected by the fifth amendment to the

16 Constitution, including real and personal property

17 and tangible and intangible property;

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

19 means an activity wherein private property is taken

20 such that compensation to the owner of that prop21 erty is required by the fifth amendment to the Con22 stitution; and

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

24 in the executive branch which engages in activity

25 with the potential for taking private property, in26 cluding any department, government corporation,
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1 government-controlled corporation, or other estab2 lishment in the executive branch of the United

3 States Government.

4 SEC. 5. PROTECTION OF PRIVATE PROPERTY.

5 No regulation issued by an agency after the date of

6 enactment of this section shall become effective until the

7 issuing agency is certified by the Attorney General to be

8 in compliance with Executive Order 12630 or similar pro9 cedures to assess the potential for the taking of private

10 property in the course of Federal regulatory activity, with

11 the goal of minimizing such takings where possible. The

12 Attorney General shall make a certification under this

13 paragraph no later than 90 days after the date of the issu14 ance of the regulation.

15 SEC. 6. JUDICIAL REVIEW.

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

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

18 of whether the Attorney General has certified the issuing

19 agency under section 5 as being in compliance with Execu20 tive Order 12630 or similar procedures.

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

22 an agency action taken pursuant to this Act shall have

23 standing to challenge and seek judicial review of that ac24 tion.
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1 (c) SAVINGS.—Except as specifically provided in this

2 section, nothing in this section shall be construed to

3 limit—

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

5 any other Federal law; or

6 (2) the scope of judicial review of an agency ac7 tion.

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

9 AND AGRICULTURAL PRODUCTION.

10 (a) STUDY.—Before the end of the 90-day period be11 ginning on the date of the enactment of this Act, the Sec12 retary of Agriculture shall conduct a study to determine

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

14 and agricultural production of the United States.

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

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

17 Secretary of Agriculture shall submit to the Committee on

18 Agriculture of the House of Representatives and the Com19 mittee on Agriculture, Nutrition, and Forestry of the Sen20 ate a report on the findings and conclusions of the study

21 under subsection (a), which shall include—

22 (1) a discussion of—

23 (A) administrative procedures followed by

24 the Department of Agriculture to minimize the
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1 taking of private property in regulatory activi2 ties of that department; and

3 (B) measures undertaken by that depart4 ment to implement Executive Order 12630; and

5 (2) recommendations for any further legislative

6 or administrative actions that are appropriate for

7 limiting the effect that this Act will have on the

8 farm economy and agricultural production of the

9 United States.

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