‘‘(f) Nothing in subsection (c), (d), or (e) alters the
substantive law of takings of property, including the bur-
den of proof borne by the plaintiff.’’.
SEC. 3. 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 deci-
sion, as defined in subparagraph (B), regarding the
extent of permissible uses on the property that has
been allegedly infringed or taken; and
‘‘(B) one meaningful application, as defined by
applicable law, to use the property has been sub-
mitted but has been disapproved, and the party
seeking redress has applied for one appeal or waiver
which has been disapproved, in a case in which the
applicable law of the United States provides a mech-
anism 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, if it cannot provide
the relief requested, or if application or reapplication to
use the property would be futile.
‘‘(3) For purposes of paragraph (2), the United
States’ failure to act within a reasonable time on any ap-
plication, appeal, or waiver shall constitute a disapproval.
‘‘(4) Nothing in this subsection alters the substantive
law of takings of property, including the burden of proof
borne by the plaintiff.’’.
SEC. 4. 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 found-
ed upon a property right or privilege secured by the Con-
stitution, 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 con-
crete injury to the party seeking redress. For purposes of
this paragraph, a final decision exists if—
‘‘(A) the United States makes a definitive deci-
sion, as described in subparagraph (B), regarding
the extent of permissible uses on the property that
has been allegedly infringed or taken; and
‘‘(B) one meaningful application, as defined by
applicable law, to use the property has been sub-
mitted but has been disapproved, and the party
seeking redress has applied for one appeal or waiver
which has been disapproved, in a case in which the
applicable law of the United States provides a mech-
anism for appeal or waiver.
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, if it cannot provide
the relief requested, or if application or reapplication to
use the property would be futile. For purposes of subpara-
graph (B), the United States’ failure to act within a rea-
sonable time on any application, appeal, or waiver shall
constitute a disapproval. Nothing in this paragraph alters
the substantive law of takings of property, including the
burden of proof borne by the plaintiff.’’.
SEC. 5. DUTY OF NOTICE TO OWNERS.
Whenever a Federal agency takes an agency action
limiting the use of private property that may be affected
by the amendments made by this Act, the agency shall,
not later than 30 days after the agency takes that action,
give notice to the owners of that property explaining their
rights under such amendments and the procedures for ob-
taining any compensation that may be due to them under
such amendments.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to ac-
tions commenced on or after the date of the enactment
of this Act.
Passed the House of Representatives March 16,
2000.
Attest:
Clerk.