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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 regarding the extent of permissible uses on the
property that has been allegedly infringed or taken;
and
‘‘(B) one meaningful application to use the
property has been submitted but has not been ap-
proved, and the party seeking redress has applied
for one appeal or waiver which has not been ap-
proved, where the applicable law of the United
States provides a mechanism 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
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the relief requested, or if application or reapplication to
use the property would be futile.
‘‘(3) 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 regarding the extent of permissible uses on the
property that has been allegedly infringed or taken;
and
‘‘(B) one meaningful application to use the
property has been submitted but has not been ap-
proved, and the party seeking redress has applied
for one appeal or waiver which has not been ap-
proved, where the applicable law of the United
States provides a mechanism for appeal or waiver.
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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. Nothing in this para-
graph 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
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 October 22,
1997.
Attest:
ROBIN H. CARLE,
Clerk.