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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Private Property Rights Act of
1994''.

SEC. 2. FINDINGS.

The Congress finds that--
(1) the protection of private property from a taking by the
Government without just compensation is an integral protection
for private citizens incorporated into the Constitution by the
Fifth Amendment and made applicable to the States by the
Fourteenth Amendment; and
(2) Federal agencies should take into consideration the
impact of Governmental actions on the use and ownership of
private property.

SEC. 3. PURPOSE.

The Congress, recognizing the important role that the use and
ownership of private property plays in ensuring the economic and social
well-being of the Nation, declares that it is the policy of the Federal
Government to use all practicable means and measures to minimize
takings of private property by the Federal Government.

SEC. 4. DEFINITIONS.

For purposes of this Act--
(1) the term ''agency'' means an Executive agency as
defined under section 105 of title 5, United States Code, and--
(A) includes the United States Postal Service; and
(B) does not include the General Accounting Office;
and
(2) the term ''taking of private property'' means any
action whereby private property is taken in such a way as to
require compensation under the Fifth Amendment to the United
States Constitution.

SEC. 5. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

(a) In General.--The Congress authorizes and directs that, to the
fullest extent possible--
(1) the policies, regulations, and public laws of the
United States shall be interpreted and administered in
accordance with the policies under this Act; and
(2) all agencies of the Federal Government shall submit a
certification to the Attorney General of the United States that
a private property taking impact analysis has been completed
before issuing or promulgating any policy, regulation,
proposal, recommendation (including any recommendation or
report on proposal for legislation), or related agency action
which could result in a taking or diminution of use or value of
private property.
(b) Content of Analysis.--A private property taking impact analysis
shall be a written statement that includes--
(1) the specific purpose of the policy, regulation,
proposal, recommendation, or related agency action;
(2) an assessment of whether a taking of private property
may occur under such policy, regulation, proposal,
recommendation, or related agency action;
(3) the effect of the policy, regulation, proposal,
recommendation, or related agency action on the use or value of
private property, including an evaluation of whether such
policy, regulation, proposal, recommendation, or related agency
action requires compensation to private property owners;
(4) alternatives to the policy, regulation, proposal,
recommendation, or related agency action that would lessen the
adverse effects on the use or value of private property;
(5) an estimate of the cost to the Federal Government if
the Government is required to compensate a private property
owner; and
(6) an estimate of the reduction in use or value of any
affected private property as a result of such policy,
regulation, proposal, recommendation, or related agency action.
(c) Public Availability of Analysis.--An agency shall--
(1) make each private property taking impact analysis
available to the public; and
(2) to the greatest extent practicable, transmit a copy of
such analysis to the owner or any other person with a property
right or interest in the affected property.
(d) Presumptions in Proceedings.--For the purpose of any agency
action or administrative or judicial proceeding, there shall be a
rebuttable presumption that the costs, values, and estimates in any
private property takings impact analysis shall be outdated and
inaccurate, if--
(1) such analysis was completed 5 years or more before the
date of such action or proceeding; and
(2) such costs, values, or estimates have not been modified
within the 5-year period preceding the date of such action or
proceeding.

SEC. 6. RULES OF CONSTRUCTION.

Nothing in this Act shall be construed to--
(1) limit any right or remedy, or bar any claim of any
person relating to such person's property under any other law,
including claims made under section 1346 or 1402 of title 28,
or chapter 91 of title 28; or
(2) constitute a conclusive determination of the value of
any property for purposes of an appraisal for the acquisition
of property, or for the determination of damages.

SEC. 7. STATUTE OF LIMITATIONS.

No action may be filed in a court of the United States to enforce
the provisions of this Act on or after the date occurring 6 years after
the date of the submission of the certification of the applicable
private property taking impact analysis with the Attorney General.

SEC. 8. EFFECTIVE DATE.

The provisions of this Act shall take effect 120 days after the
date of the enactment of this Act.
Private Property Rights Act of 1994 - States that the Congress declares that it is the policy of the Federal Government to use all practicable means and measures to minimize Federal takings of private property. Directs Federal agencies to certify to the Attorney General that a private property taking impact analysis has been completed before initiating any action which could result in a taking or diminution of use or value of private property. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act.
Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public.
Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
Sets the statute of limitations for court actions for enforcing this Act.