I
105TH CONGRESS
1ST SESSION
H. R. 95
To ensure that Federal agencies establish the appropriate procedures for
assessing whether or not Federal regulations might result in the taking
of private property, and to direct the Secretary of Agriculture to report
to the Congress with respect to such takings under programs of the
Department of Agriculture.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. SOLOMON introduced the following bill; which was referred to the Commit-
tee on the Judiciary, and in addition to the Committee on Agriculture,
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 ensure that Federal agencies establish the appropriate
procedures for assessing whether or not Federal regula-
tions might result in the taking of private property,
and to direct the Secretary of Agriculture to report to
the Congress with respect to such takings under pro-
grams of the Department of Agriculture.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Private Property
Protection Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds that there are certain Federal
laws, regulations, and actions, which adversely affect the
value of private property.
SEC. 3. PURPOSE.
The purpose of this Act is to reduce the risk of undue
or inadvertent burdens on the public resulting from cer-
tain lawful Federal Government actions.
SEC. 4. DEFINITIONS.
In this Act—
(1) the term ‘‘private property’’ includes all
property protected by the fifth amendment to the
Constitution, including real and personal property
and tangible and intangible property;
(2) the term ‘‘taking of private property’’
means an activity wherein private property is taken
such that compensation to the owner of that prop-
erty is required by the fifth amendment to the Con-
stitution; and
(3) the term ‘‘agency’’ means a Federal agency
in the executive branch which engages in activity
with the potential for taking private property, in-
cluding any department, government corporation,
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government-controlled corporation, or other estab-
lishment in the executive branch of the United
States Government.
SEC. 5. PROTECTION OF PRIVATE PROPERTY.
No regulation issued by an agency after the date of
enactment of this section shall become effective until the
issuing agency is certified by the Attorney General to be
in compliance with Executive Order 12630 or similar pro-
cedures to assess the potential for the taking of private
property in the course of Federal regulatory activity, with
the goal of minimizing such takings where possible. The
Attorney General shall make a certification under this
paragraph no later than 90 days after the date of the issu-
ance of the regulation.
SEC. 6. JUDICIAL REVIEW.
(a) JURISDICTION.—Judicial review of an action
taken pursuant to this Act shall be limited to the question
of whether the Attorney General has certified the issuing
agency under section 5 as being in compliance with Execu-
tive Order 12630 or similar procedures.
(b) STANDING.—Only persons adversely affected by
an agency action taken pursuant to this Act shall have
standing to challenge and seek judicial review of that ac-
tion.
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(c) SAVINGS.—Except as specifically provided in this
section, nothing in this section shall be construed to
limit—
(1) the right of a person to file a claim under
any other Federal law; or
(2) the scope of judicial review of an agency ac-
tion.
SEC. 7. STUDY AND REPORT ON TAKINGS, FARM ECONOMY,
AND AGRICULTURAL PRODUCTION.
(a) STUDY.—Before the end of the 90-day period be-
ginning on the date of the enactment of this Act, the Sec-
retary of Agriculture shall conduct a study to determine
the effect that this Act will have on the farm economy
and agricultural production of the United States.
(b) REPORT.—Before the end of the 90-day period
beginning on the date of the enactment of this Act, the
Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate a report on the findings and conclusions of the study
under subsection (a), which shall include—
(1) a discussion of—
(A) administrative procedures followed by
the Department of Agriculture to minimize the
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taking of private property in regulatory activi-
ties of that department; and
(B) measures undertaken by that depart-
ment to implement Executive Order 12630; and
(2) recommendations for any further legislative
or administrative actions that are appropriate for
limiting the effect that this Act will have on the
farm economy and agricultural production of the
United States.
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