IB 
Union Calendar No. 142 
109TH CONGRESS 
1ST SESSION H. R. 3405 
[Report No. 109–261, Part I] 
To prohibit the provision of Federal economic development assistance for 
any State or locality that uses the power of eminent domain power 
to obtain property for private commercial development or that fails to 
pay relocation costs to persons displaced by use of the power of eminent 
domain for economic development purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2005 
Mr. BONILLA (for himself, Ms. HERSETH, Mr. GOODLATTE, Ms. WATERS, Mr. 
POMBO, Mr. SMITH of Texas, Mr. DEFAZIO, Mr. OTTER, Mrs. DRAKE, 
Mr. BOYD, Mr. CALVERT, Mr. PEARCE, Mr. KUCINICH, Mr. DUNCAN, 
Mr. THORNBERRY, Mr. NEUGEBAUER, and Mr. MCKEON) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
in addition to the Committees on Transportation and Infrastructure, Fi-
nancial Services, Resources, and Education and the Workforce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
OCTOBER 31, 2005 
Additional sponsors: Mr. CANNON, Mr. CARTER, Mr. GOODE, Mr. MORAN of 
Kansas, Mrs. EMERSON, Mr. WALDEN of Oregon, Mr. MANZULLO, Mr. 
BOOZMAN, Mr. BARTLETT of Maryland, Mrs. CUBIN, Mr. TOM DAVIS of 
Virginia, Mr. BAKER, Mr. JONES of North Carolina, Mr. HALL, Mr. 
PITTS, Mr. PENCE, Mrs. MUSGRAVE, Mr. SHADEGG, Mr. FLAKE, Mr. 
WAMP, Mr. LUCAS, Mr. SCOTT of Georgia, Mr. SESSIONS, Mr. MCCAUL 
of Texas, Mr. GARRETT of New Jersey, Mr. CONAWAY, Mr. ROSS, Mr. 
KIND, Mr. MCINTYRE, Mr. PETERSON of Minnesota, Mr. LEACH, Mr. 
WILSON of South Carolina, Mr. LEWIS of Kentucky, Mr. BACHUS, Mr. 
KUHL of New York, Mr. CUELLAR, Mr. HERGER, Mr. MACK, Mr. DOO-
LITTLE, Mr. MCGOVERN, Ms. HARRIS, Mr. RAMSTAD, Mr. OSBORNE, Mr. 
SCHWARZ of Michigan, Mr. GUTKNECHT, Mr. HAYES, Mr. SALAZAR, Mr. 
CHANDLER, Mr. GENE GREEN of Texas, Mr. LATHAM, Mrs. JO ANN
DAVIS of Virginia, Mr. GORDON, Mr. JENKINS, Mr. STUPAK, Mr. 
HOLDEN, Mr. ETHERIDGE, Mr. BOSWELL, Ms. ROS-LEHTINEN, Mr. 
HAYWORTH, Mr. RANGEL, Mr. FORD, Mr. BURTON of Indiana, Mr. CAN-
TOR, Mr. COBLE, Mr. COLE of Oklahoma, Mr. DEAL of Georgia, Mr. 
MARIO DIAZ-BALART of Florida, Mr. FORBES, Mr. HENSARLING, Mr. 
SAM JOHNSON of Texas, Mr. MCCRERY, Mr. NORWOOD, Mr. REHBERG, 
Mr. ROGERS of Michigan, Mr. RYAN of Wisconsin, Mr. SHUSTER, Mr. 
TIAHRT, Ms. JACKSON-LEE of Texas, Mr. ALEXANDER, Ms. KILPATRICK 
of Michigan, Mr. WELDON of Florida, Mr. COSTA, Mr. MARCHANT, Mr. 
CLAY, Mr. EDWARDS, Mrs. MYRICK, Mr. EVERETT, Mr. LEWIS of Cali-
fornia, Mr. PUTNAM, Mr. ROGERS of Alabama, Mr. HUNTER, Mr. PAUL, 
Mr. BARROW, Mr. KLINE, Mr. AKIN, and Mr. CULBERSON 
OCTOBER 31, 2005 
Reported from the Committee on Agriculture with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
OCTOBER 31, 2005 
Committees on Transportation and Infrastructure, Financial Services, Re-
sources, and Education and the Workforce discharged; committed to the 
Committee of the Whole House on the State of the Union and ordered 
to be printed 
[For text of introduced bill, see copy of bill as introduced on July 22, 2005] 
A BILL 
To prohibit the provision of Federal economic development 
assistance for any State or locality that uses the power 
of eminent domain power to obtain property for private 
commercial development or that fails to pay relocation 
costs to persons displaced by use of the power of eminent 
domain for economic development purposes. 
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 ‘‘Strengthening the Own-
ership of Private Property Act of 2005’’ or the ‘‘STOPP 
Act of 2005’’. 
SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER 
FEDERAL 
ECONOMIC 
DEVELOPMENT 
PRO-
GRAMS. 
(a) PROHIBITION OF ASSISTANCE.— 
(1) PROHIBITION.—If, after the date of the enact-
ment of this Act, an entity using the power of a State 
engages in any conduct described in subsection (b), no 
officer or employee of the Federal Government having 
responsibility over Federal financial assistance under 
any Federal economic development program shall 
make such assistance available to the relevant entity 
during the period described in paragraph (3). 
(2) ENTITY TO WHICH ASSISTANCE IS PROHIB-
ITED.—In this subsection, the term ‘‘relevant entity’’ 
means— 
(A) the entity engaging in the conduct de-
scribed in subsection (b), if that entity is a State 
or a unit of general local government of a State; 
and 
(B) the State or unit of general local gov-
ernment that gave authority for the entity to en-
gage in that conduct, in any other case.
(3) DURATION OF PROHIBITION.—The period re-
ferred to in paragraph (1) is the period that begins 
on the date the officer or employee of the Federal Gov-
ernment having responsibility over Federal financial 
assistance under the Federal economic development 
program determines that the relevant entity has en-
gaged in the conduct described in subsection (b) and 
ends with the earlier of— 
(A) the day that is two years after the date 
the period began; or 
(B) the day that the property is returned to 
the entity from whom the property was taken. 
(b) CONDUCT RESULTING IN PROHIBITION OF ASSIST-
ANCE.—The conduct described in this subsection is the fol-
lowing: 
(1) Any use of the power of eminent domain to 
take property from a private entity and transfer the 
ownership of, or a leasehold interest, in the property 
(or a portion thereof) to another private entity, except 
for a transfer— 
(A) for use by a public utility; 
(B) for a road or other right of way or 
means, open to the public or common carriers, 
for transportation;
(C) for an aqueduct, pipeline, or similar 
use; 
(D) for a prison or hospital; or 
(E) for any use during and in relation to 
a national emergency or national disaster de-
clared by the President under other law. 
(2) FAILURE TO PROVIDE RELOCATION ASSIST-
ANCE FOR PERSONS DISPLACED BY USE OF EMINENT 
DOMAIN FOR ECONOMIC DEVELOPMENT.—Failing to 
provide, to any person displaced from property by the 
use of the power of eminent domain for any economic 
development purpose, relocation assistance under the 
Uniform Relocation Assistance and Real Property Ac-
quisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) 
in the same manner and to the same extent as reloca-
tion assistance would be required under such Act to 
be provided by a Federal agency that undertakes a 
program or project that results in displacement of the 
person. 
SEC. 3. PRIVATE RIGHT OF ACTION. 
The owner of any real property taken by conduct re-
sulting in the prohibition by this Act of assistance may, 
in a civil action, obtain injunctive and declaratory relief 
to require the enforcement of that prohibition.
SEC. 4. DEFINITIONS. 
In this Act: 
(1) FEDERAL
ECONOMIC
DEVELOPMENT
PRO-
GRAM.—The term ‘‘Federal economic development 
program’’ means any of the following programs: 
(A) DEPARTMENT OF AGRICULTURE.— 
(i) FOREST SERVICE.— 
(I) Programs under the National 
Forest-Dependent Rural Communities 
Economic Diversification Act of 1990 
(7 U.S.C. 6611 et seq.). 
(II) 
The 
rural 
development 
through forestry program authorized 
by the Department of the Interior and 
Related Agencies Appropriations Act, 
2006 (Public Law 109–54; 119 Stat. 
538), and subsequent appropriations 
laws. 
(ii) RURAL
BUSINESS—COOPERATIVE 
SERVICE.— 
(I) The intermediary relending 
program under section 1323 of the 
Food Security Act of 1985 (7 U.S.C. 
1932 note). 
(II) The rural business opportuni-
ties grant program under section
306(a)(11) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 
1926(a)(11)). 
(III) The program for assistance 
to cooperatives for economic develop-
ment under the Act of July 2, 1926 (7 
U.S.C. 451 et seq.) and subtitle A of 
the Agricultural Marketing Act of 1946 
(7 U.S.C. 1621 et seq.). 
(IV) The rural business enterprise 
grants program under section 310B(c) 
of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1932(c)). 
(V) The rural economic develop-
ment loans and grants program under 
title III of the Rural Electrification 
Act of 1936 (7 U.S.C. 930 et seq.). 
(iii) RURAL UTILITIES SERVICE.— 
(I) The program for grants, direct 
loans, and guaranteed loans for water 
and waste disposal systems for rural 
communities under paragraphs (1) 
and (2) of section 306(a) of the Con-
solidated Farm and Rural Develop-
ment Act (7 U.S.C. 1926(a)).
(II) The Rural Utilities Service 
program for grants and loans to the 
Denali 
Commission 
under 
section 
19(a)(2) of the Rural Electrification 
Act of 1936 (7 U.S.C. 918a(a)(2)). 
(iv) RURAL HOUSING SERVICE.— 
(I) The rural community develop-
ment initiative pursuant to the Agri-
culture, Rural Development, Food and 
Drug Administration, and Related 
Agencies Appropriations Act, 2001 
(Public 
Law 
106–387; 
114 
Stat. 
1549A–17) and the Agriculture, Rural 
Development, Food and Drug Adminis-
tration, and Related Agencies Appro-
priations Act, 2005 (Public Law 108– 
447; 118 Stat. 2826). 
(II) The program for loans and 
grants for essential community facili-
ties under section 306(a)(1) of the Con-
solidated Farm and Rural Develop-
ment Act (7 U.S.C. 1926(a)(1)). 
(v) FARM SERVICE AGENCY.—The pro-
gram for loans to Indian tribes and tribal 
corporations under the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 
et seq.). 
(vi) RURAL
BUSINESS
INVESTMENT 
PROGRAM.—The rural business investment 
program under subtitle H of the Consoli-
dated Farm and Rural Development Act (7 
U.S.C. 2009cc et seq.). 
(B) DEPARTMENT
OF
COMMERCE—ECO-
NOMIC
DEVELOPMENT
ADMINISTRATION.—Any 
program for financial assistance under the Pub-
lic Works and Economic Development Act of 
1965 (42 U.S.C. 3121 et seq.). 
(C) DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT.— 
(i) The community development block 
grant programs under title I of the Housing 
and Community Development Act of 1974 
(42 U.S.C. 5301 et seq.), including the enti-
tlement grants, small cities, special purpose 
and insular areas grants, States, Indian 
tribe grants, and loan guarantee programs. 
(ii) The brownfields economic develop-
ment initiative under section 108(q) of the 
Housing and Community Development Act 
of 1974 (42 U.S.C. 5308(q)).
(iii) The rural housing and economic 
development program of the Department of 
Housing and Urban Development pursuant 
to title II of the Departments of Veterans 
Affairs and Housing and Urban Develop-
ment, and Independent Agencies Appropria-
tions Act, 2005 (Public Law 108–447; 118 
Stat. 3300) and title II of the Departments 
of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Ap-
propriations Act, 1999 (Public Law 105– 
276; 112 Stat. 2475). 
(iv) The Indian housing block grant 
program under the Native American Hous-
ing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.). 
(D) DEPARTMENT OF THE INTERIOR—BU-
REAU OF INDIAN AFFAIRS.—The programs for 
grants, loans, and loan guarantees for Indian 
economic development of the Office of Economic 
Development, Bureau of Indian Affairs of the 
Department of the Interior. 
(E) DEPARTMENT OF THE TREASURY.—The 
community development financial institutions 
fund program under subtitle A of title I of the
Riegle Community Development and Regulatory 
Improvement Act of 1994 (12 U.S.C. 4701 et 
seq.). 
(F) 
APPALACHIAN
REGIONAL
COMMIS-
SION.—Any program for assistance for Appa-
lachian regional development under subtitle IV 
of title 40, United States Code. 
(G) NATIONAL CREDIT UNION ADMINISTRA-
TION.—The community development revolving 
loan fund program for credit unions under the 
Community Development Credit Union Revolv-
ing Loan Fund Transfer Act (42 U.S.C. 9822 
note). 
(H) DENALI
COMMISSION.—The Denali 
Commission program under the Denali Commis-
sion Act of 1998 (42 U.S.C. 2131 et seq.). 
(I) DELTA
REGIONAL
AUTHORITY.—The 
program for Delta regional development under 
subtitle F of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009aa et seq.). 
(J) DEPARTMENT OF HEALTH AND HUMAN 
SERVICES.—The discretionary award program 
relating to local community economic develop-
ment under section 680 of the Community Serv-
ices Block Grant Act (42 U.S.C. 9921).
(2) FEDERAL FINANCIAL ASSISTANCE.—The term 
‘‘Federal financial assistance’’ has the meaning given 
such term in section 101 of the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act 
of 1970 (42 U.S.C. 4601). 
(3) STATE.—The term ‘‘State’’ means any of the 
States of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, Guam, the Virgin 
Islands, American Samoa, and any other territory or 
possession of the United States. 
SEC. 5. SEVERABILITY. 
If any provision of this Act, or the application thereof, 
is held invalid, the validity of the remainder of this Act 
and the application of such provision to other persons and 
circumstances shall not be affected thereby.