I 
111TH CONGRESS 
1ST SESSION H. R. 4288 
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 
DECEMBER 11, 2009 
Ms. HERSETH SANDLIN (for herself, Mr. GOODLATTE, Mr. BOYD, Mr. SMITH 
of Texas, Mr. DEFAZIO, Mr. SENSENBRENNER, and Mr. LUCAS) intro-
duced the following bill; which was referred to the Committee on Agri-
culture, and in addition to the Committees on Transportation and Infra-
structure, Financial Services, Natural Resources, and Education and 
Labor, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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, 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening the 
Ownership of Private Property Act of 2009’’ or the 
‘‘STOPP Act of 2009’’. 
SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER 
FEDERAL ECONOMIC DEVELOPMENT PRO-
GRAMS. 
(a) PROHIBITION OF ASSISTANCE.— 
(1) PROHIBITION.—If, after the date of the en-
actment 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 Govern-
ment having responsibility over Federal financial as-
sistance under any Federal economic development 
program shall make such assistance available to the 
relevant entity during the period described in para-
graph (3). 
(2) ENTITY TO WHICH ASSISTANCE IS PROHIB-
ITED.—In this subsection, the term ‘‘relevant enti-
ty’’ 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 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
(B) the State or unit of general local gov-
ernment that gave authority for the entity to 
engage in that conduct, in any other case. 
(3) DURATION OF PROHIBITION.—The period 
referred to in paragraph (1) is the period that be-
gins on the date the officer or employee of the Fed-
eral Government having responsibility over Federal 
financial assistance under the Federal economic de-
velopment program determines that the relevant en-
tity has engaged in the conduct described in sub-
section (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 AS-
SISTANCE.—The conduct referred to in subsection (a) is 
the following: 
(1) USE OF EMINENT DOMAIN TO TAKE PRI-
VATE PROPERTY AND TRANSFER TO A PRIVATE EN-
TITY.—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 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
(or a portion thereof) to another private entity, ex-
cept 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 EMI-
NENT
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 Acquisition Policies Act of 1970 
(42 U.S.C. 4601 et seq.) in the same manner and 
to the same extent as relocation 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. 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
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.— 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
(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 opportu-
nities 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 enter-
prise 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.— 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
(I) The program for grants, di-
rect loans, and guaranteed loans for 
water and waste disposal systems for 
rural communities under paragraphs 
(1) and (2) of section 306(a) of the 
Consolidated Farm and Rural Devel-
opment 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 Admin-
istration, and Related Agencies Ap-
propriations Act, 2006 (Public Law 
109–97; 119 Stat. 2136). 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
(II) The program for loans and 
grants for essential community facili-
ties under section 306(a)(1) of the 
Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 1926(a)(1)). 
(v) FARM
SERVICE
AGENCY.—The 
program 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 Hous-
ing and Community Development Act of 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
1974 (42 U.S.C. 5301 et seq.), including 
the entitlement 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 the Transportation, Treasury, Housing 
and Urban Development, the Judiciary, 
the District of Columbia, and Independent 
Agencies Appropriations Act, 2006 (Public 
Law 109–115; 119 Stat. 2446) and title II 
of the Departments of Veterans Affairs 
and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 
1999 (Public Law 105–276; 112 Stat. 
2475). 
(iv) The Indian housing block grant 
program under the Native American Hous-
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
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 Eco-
nomic Development, Bureau of Indian Affairs 
of the Department of the Interior. 
(E) DEPARTMENT OF THE TREASURY.— 
The community development financial institu-
tions 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
ADMINIS-
TRATION.—The community development revolv-
ing loan fund program for credit unions under 
the Community Development Credit Union Re-
volving Loan Fund Transfer Act (42 U.S.C. 
9822 note). 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
(H) DENALI
COMMISSION.—The Denali 
Commission program under the Denali Com-
mission 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 
Services 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 Relo-
cation 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 Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam, 
the Virgin Islands, American Samoa, and any other 
territory or possession of the United States. 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS
SEC. 5. SEVERABILITY. 
If any provision of this Act, or the application there-
of, 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. 
Æ 
VerDate Nov 24 2008 
05:48 Dec 12, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H4288.IH
H4288
tjames on DSKG8SOYB1PROD with BILLS