I
104TH CONGRESS
1ST SESSION
H. R. 790
To require certain Federal agencies to protect the rights of private property
owners.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 1995
Mr. TAUZIN (for himself, Mr. FIELDS of Texas, Mr. BACHUS, Mr. BAKER of
Louisiana, Mr. BALLENGER, Mr. BARCIA, Mr. BARRETT of Nebraska,
Mr. BONILLA, Mr. BONO, Mr. BREWSTER, Mr. BUNNING of Kentucky,
Mr. CALLAHAN, Mr. CALVERT, Mr. COBLE, Mr. COBURN, Mr. COMBEST,
Mr. CONDIT, Mr. COX of California, Mr. CUNNINGHAM, Ms. DANNER,
Mr. DICKEY, Mr. DOOLEY, Mr. DOOLITTLE, Mr. DORNAN, Ms. DUNN of
Washington, Mr. EDWARDS, Mr. EMERSON, Mr. GEKAS, Mr. PETE
GEREN of Texas, Mr. GILLMOR, Mr. GOODLATTE, Mr. HALL of Texas,
Mr. HANCOCK, Mr. HASTERT, Mr. HASTINGS of Washington, Mr. HAYES,
Mr. HEFLEY, Mr. HERGER, Mr. HOEKSTRA, Mr. HOKE, Mr. HOLDEN,
Mr. HOUGHTON, Mr. HUNTER, Mr. HUTCHINSON, Mr. INGLIS of South
Carolina, Mr. ISTOOK, Mr. SAM JOHNSON of Texas, Mr. KING, Mr.
KNOLLENBERG, Mrs. LINCOLN, Mr. LAUGHLIN, Mr. LEWIS of California,
Mr. LEWIS of Kentucky, Mr. LIGHTFOOT, Mr. LIVINGSTON, Mr. MCCOL-
LUM, Mr. MCCRERY, Mr. MCHUGH, Mr. MCKEON, Mr. MILLER of Flor-
ida, Mr. MONTGOMERY, Mr. MOORHEAD, Mr. ORTIZ, Mr. OXLEY, Mr.
PACKARD, Mr. PARKER, Mr. PAXON, Mr. PICKETT, Mr. POMBO, Mr.
ROBERTS, Mr. ROHRABACHER, Mr. ROYCE, Mr. SENSENBRENNER, Mr.
SKEEN, Mr. SKELTON, Mr. SOLOMON, Mr. SOUDER, Mr. STENHOLM, Mr.
STUMP, Mr. TALENT, Mr. TAYLOR of North Carolina, and Mr. WILSON)
introduced the following bill; which was referred to the Committee on the
Judiciary and, in addition, to the Committees on Resources and Trans-
portation and Infrastructure, 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 require certain Federal agencies to protect the rights
of private property owners.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Private Property Own-
ers Bill of Rights’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Our democracy was founded on principles of
ownership, use, and control of private property.
These principles are embodied in the fifth amend-
ment to the Constitution prohibiting the taking of
private property without the payment of just com-
pensation.
(2) A number of Federal environmental pro-
grams, specifically the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and section 404 of
the Federal Water Pollution Control Act (33 U.S.C.
1344) have been implemented by employees, agents,
and representatives of the Federal Government in a
manner that deprives private property owners of the
use and control of their property.
(3) As new Federal programs are proposed that
would limit and restrict the use of private property
to provide habitat for plant and animal species, the
rights of private property owners must be recognized
and respected.
(4) Private property owners are being forced by
Federal policy to resort to extensive, lengthy, and
expensive litigation to protect certain basic civil
rights guaranteed by the Constitution.
(5) Since many private property owners do not
have the financial resources or the extensive commit-
ment of time to proceed in litigation against the
Federal Government, a clear Federal policy is need-
ed to guide and direct Federal agencies with respect
to their implementation of environmental laws that
directly impact private property.
(6) While all private property owners should
and must abide by current nuisance laws and should
not use their property in a manner that harms their
neighbors, these laws have traditionally been en-
acted, implemented, and enforced at the State and
local levels where they are best able to protect the
rights of all private property owners and local
citizens.
(7) While traditional pollution control laws are
intended to protect the general public’s health and
physical welfare, current habitat protection pro-
grams are intended to protect the welfare of plant
and animal species, while allowing the recreational
and esthetic opportunities for the public.
(b) PURPOSES.—It is the purpose of this Act to pro-
vide a consistent Federal policy to encourage, support, and
promote the private ownership of property and to ensure
that the constitutional and legal rights of private property
owners are protected by the Federal Government, its em-
ployees, agents, and representatives.
SEC. 3. PROTECTION OF PRIVATE PROPERTY RIGHTS.
(a) COMPLIANCE; LEAST IMPACT.—In implementing
and enforcing the Acts, each agency head shall comply
with applicable State and tribal government laws, includ-
ing laws relating to private property rights and privacy;
and shall administer and implement the Acts in a manner
that has the least impact on private property owners’ con-
stitutional and other legal rights.
(b) RULES AND REGULATIONS.—Each agency head
shall develop and implement rules and regulations for en-
suring that the constitutional and other legal rights of pri-
vate property owners are protected when the agency head
makes, or participates with other agencies in the making
of, any final decision that restricts the use of private
property.
SEC. 4. PROPERTY OWNER CONSENT FOR ENTRY.
(a) PROHIBITION ON COLLECTION OF INFORMATION
WITHOUT CONSENT.—An agency head may not enter pri-
vately-owned property to collect information regarding the
property, unless the private property owner has—
(1) consented in writing to that entry;
(2) after providing that consent, been provided
notice of that entry; and
(3) been notified that any raw data collected
from the property must be made available at no
cost, if requested by the private property owner.
(b) ENTRY TO OBTAIN CONSENT OR PROVIDE NO-
TICE.—Subsection (a) does not prohibit entry onto prop-
erty for the purpose of obtaining consent or providing no-
tice required under subsection (a).
(c) COURT ORDERS.—Nothing herein shall prevent a
duly authorized law enforcement officer from entering pri-
vate property under the authority of an order of a court.
SEC. 5. RIGHT TO REVIEW AND DISPUTE DATA COLLECTED
FROM PRIVATE PROPERTY.
An agency head may not use data that is collected
on privately-owned property to implement or enforce any
of the Acts, unless—
(1) the agency head has provided to the private
property owner—
(A) access to the information;
(B) a detailed description of the manner in
which the information was collected; and
(C) an opportunity to dispute the accuracy
of the information; and
(2) the agency head has determined that the in-
formation is accurate, if the private property owner
disputes the information pursuant to subparagraph
(C).
SEC. 6. RIGHT TO AN ADMINISTRATIVE APPEAL OF WET-
LANDS DECISIONS.
Section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344) is amended by adding at the end
the following new subsection:
‘‘(u) ADMINISTRATIVE APPEALS.—
‘‘(1) The Secretary or Administrator shall,
within 180 days after the date of enactment of the
Private Property Owners Bill of Rights and after
notice and opportunity for public comment, issue
rules to establish procedures to allow private prop-
erty owners or their authorized representatives an
opportunity for an administrative appeal of the fol-
lowing actions under this section: