Home > 106th Congressional Bills > H.R. 1143 (eas) [Engrossed Amendment Senate] ...H.R. 1143 (eas) [Engrossed Amendment Senate] ...
Union Calendar No. 588
106th CONGRESS
2d Session
H. R. 1142
[Report No. 106-1011]
To ensure that landowners receive treatment equal to that provided to
the Federal Government when property must be used.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 1999
Mr. Young of Alaska (for himself, Mr. Tauzin, Mr. Pombo, Mr. Peterson
of Pennsylvania, Mr. Doolittle, Mrs. Chenoweth-Hage, Mr. Radanovich,
Mr. Cannon, Mr. Shadegg, Mr. Schaffer, Mr. Walden of Oregon, Mr.
Hastings of Washington, Mr. Simpson, Mr. Hansen, Mr. McKeon, Mr.
Herger, Mr. Hill of Montana, Mr. Gallegly, Mr. DeLay, Mr. Thomas, Mr.
Baker, Mr. Skeen, Mr. Thornberry, Mrs. Cubin, Mr. Calvert, and Mr.
Bonilla) introduced the following bill; which was referred to the
Committee on Resources
October 26, 2000
Additional sponsors: Mr. Gibbons, Mr. Hayworth, Mr. Stump, Mr. Shows,
Ms. Danner, Mr. Ehrlich, Mr. English, Mrs. Myrick, Mr. Dickey, Mrs.
Bono, Mr. Barrett of Nebraska, Mr. Metcalf, Mr. Nethercutt, Mr.
Sessions, Mr. Duncan, Mr. Pickett, Mrs. Emerson, Mr. Taylor of North
Carolina, Mr. DeMint, Mr. Cunningham, Mr. Tancredo, Mr. Ballenger, Mr.
Lucas of Oklahoma, Mr. Gary Miller of California, Mr. Hunter, Mr.
Hayes, Mr. McInnis, Mr. Souder, Mr. Packard, Mr. Sweeney, Mr.
Chambliss, Mr. Knollenberg, Mr. Pickering, Mr. Callahan, Mr. Goodling,
Mr. Watkins, Mr. Brady of Texas, and Mr. Buyer
October 26, 2000
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To ensure that landowners receive treatment equal to that provided to
the Federal Government when property must be used.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landowners Equal Treatment Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares the following:
(1) The Secretary of the Interior, through the United
States Fish and Wildlife Service, recently demanded and
received compensation for the loss of use of federally owned
property resulting from constructive use of the property for
other public purposes, in an amount of approximately
$26,000,000.
(2) The Secretary of Transportation has promulgated a
regulation allowing for compensation of Federal agencies for
the lost use of agency property for public purposes, through a
definition of the term ``constructive use'' that includes off-
site impacts of Federal agency actions on federally owned
property.
(3) The Federal Government enjoys no right under the
Constitution to compensation for use of Federal agency property
for other public purposes, while the rights of private persons
to be compensated for the taking of their property by the
Government for a public purpose is a fundamental right
protected by the Fifth and Fourteenth Amendments to the
Constitution.
(4) Private property owners should be compensated in a
manner that is at least as equitable as the compensation
afforded to Federal agencies when their property is used or
constructively used for other public purposes.
(5) Fair and equitable treatment of private property owners
will increase the willingness of private property owners to
provide habitat for wildlife and plants protected under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Purpose.--The purpose of this Act is to increase the efforts of
private property owners to protect and restore habitat for wildlife, by
ensuring that their constitutional and legal property rights will be
honored, respected, and protected in the implementation of the
Endangered Species Act of 1973.
SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY.
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is
amended by adding at the end the following new section:
``minimizing impacts on private property
``Sec. 19. (a) In General.--In implementing this Act, the head of
an agency shall make every possible effort to avoid, minimize, or
mitigate impacts on non-Federal property that result in Federal use of
the property as a direct result of the action of the agency head under
this Act or in furtherance of the purposes of this Act. An agency shall
not take action that results in a Federal use of non-Federal property
under this Act unless the agency--
``(1) obtains the written permission of its owner;
``(2) negotiates a voluntary agreement authorizing that
use; or
``(3) pays compensation in accordance with this section.
``(b) Compensation for Federal Use of Non-Federal Property.--An
agency that takes action under this Act or in furtherance of the
purposes of this Act that results in a Federal use of non-Federal
property or any portion of non-Federal property without the written
consent of the owner of the property shall compensate the owner for the
fair market value of the Federal use of the property or portion.
Compensation paid shall reflect the duration of the Federal use as
necessary to achieve the purposes of this Act.
``(c) Request of Owner.--An owner of non-Federal property seeking
compensation under this section shall make a written request for
compensation to the agency implementing the agency action resulting in
the Federal use of property. The request shall, at a minimum, identify
the affected portion of the property, the nature of the Federal use of
non-Federal property for which the compensation is sought, and the
amount of compensation sought.
``(d) Negotiations.--The agency may negotiate with the owner to
reach agreement on the amount of the compensation under this section,
the terms of any agreement for payment, and the terms of any Federal
use of non-Federal property for which compensation is paid. If such an
agreement is reached, the agency shall within 6 months pay the owner
the amount agreed upon. An agreement under this section may include a
transfer of title or an agreement to limit the period of time of the
Federal use of non-Federal property.
``(e) Choice of Remedies.--If, not later than 180 days after the
written request is made, the parties have not reached an agreement on
compensation, the owner of the property may elect binding arbitration
or seek compensation due under this section in a civil action.
``(f) Arbitration.--The procedures that govern the arbitration
shall, as nearly as practicable, be those established under title 9,
United States Code, for arbitration proceedings to which that title
applies. An award made in such arbitration shall include a reasonable
attorney's fee and other arbitration costs, including appraisal fees.
The agency shall promptly pay any award made to the owner.
``(g) Civil Actions.--A civil action to enforce this section may be
filed under section 11(g). An owner who prevails in a civil action
against the agency pursuant to this section shall be entitled to, and
the agency shall be liable for, the amount of compensation awarded plus
reasonable attorney's fees and other litigation costs, including
appraisal fees. The court shall award interest on the amount of any
compensation from the time of the Federal use of non-Federal property.
``(h) Source of Payments.--Any payment made under this section to
an owner of property and any judgment obtained by an owner of property
in a civil action under this section shall, notwithstanding any other
provision of law, be made from the annual appropriation of the agency
that took the agency action giving rise to the payment or civil action.
If the agency action resulted from a requirement imposed by another
agency, then the agency making the payment or satisfying the judgment
may seek partial or complete reimbursement from the appropriated funds
of the other agency. For this purpose, the head of the agency concerned
may transfer or reprogram any appropriated funds available to the
agency. If insufficient funds exist for the payment or to satisfy the
judgment, it shall be the duty of the head of the agency to seek the
appropriation of such funds for the next fiscal year.
``(i) Availability of Appropriations.--Notwithstanding any other
provision of law, any obligation of the United States to make any
payment under this section shall be subject to the availability of
appropriations.
``(j) Duty of Notice to Owners.--An agency may not take any action
that is a Federal use of non-Federal property unless the agency has
given 30 days notice to each owner of the property directly affected
explaining their rights under this section and either obtaining their
permission for the Federal use or providing the procedures for
obtaining any compensation that may be available under this section.
``(k) Rules of Construction.--The following rules of construction
shall apply to this Act:
``(1) Other rights preserved.--Nothing in this Act shall be
construed to limit any right to compensation that exists under
the Constitution or under other laws.
``(2) Extent of federal authority.--Payment of compensation
under this section (other than when property is bought by the
Federal Government at the option of the owner) shall not confer
any rights on the Federal Government other than the Federal use
of non-Federal property agreed to so that the agency action may
achieve the species conservation purposes of this Act.
``(l) Definitions.--For the purposes of this section:
``(1) Agency.--The term `agency' has the meaning given that
term in section 551 of title 5, United States Code.
``(2) Federal use.--(A) The term `Federal use' means--
``(i) any action under this Act to--
``(I) permanently incorporate non-Federal
property into a Federal facility;
``(II) place non-Federal property under the
control of the Secretary; or
``(III) temporarily occupy non-Federal
property in a manner that is adverse to the
constitutional right of the owner of the
property against taking of the property by the
Federal Government; and
``(ii) any constructive use of non-Federal
property.
``(B) In this paragraph the term `constructive use' means
any action described in subparagraph (C) taken under this Act
that results in--
``(i) substantial diminution in the normal or
reasonably expected uses of non-Federal property;
``(ii) a reduction in the fair market value of non-
Federal property of 25 percent or more; or
``(iii) in the case of the right to receive water,
any diminution in the quantity of water received or
available for use.
``(C) The actions referred to in subparagraph (B) are the
following:
``(i) The imposition or enforcement of a
prohibition of use of non-Federal property the purpose
of which is to provide or retain habitat for any
species of wildlife or plant determined to be an
endangered species or threatened species.
``(ii) A designation of non-Federal property as
critical habitat under this Act.
``(iii) The denial of a permit under section 10
that results in the loss of the ability to use non-
Federal property in order to provide habitat for
wildlife or plants.
``(iv) An agency action pursuant to a reasonable
and prudent alternative suggested by the Secretary
under section 7, that would cause an agency to restrict
the use of non-Federal property.
``(v) The imposition by any governmental entity of
a limitation or restriction on an otherwise permissible
use of non-Federal property by the owner of the
property, as a condition of a Federal agency providing
any land, money, permit, or other benefit to the
governmental entity, if imposition of the limitation or
restriction by the agency directly would constitute a
Federal use of non-Federal property under the other
provisions of this paragraph, unless the governmental
entity has some other legal basis for imposing the
limitation or restriction.
``(3) Fair market value.--The term `fair market value'
means the most probable price at which property or a right to
use property would change hands, in a competitive and open
market under all conditions requisite to fair sale, between a
willing buyer and willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of relevant facts, and without regard to the presence of any
species protected under this Act. With respect to a right to
use property, fair market value shall be determined on or
immediately before the exercise of the right.
``(4) Law of the state.--The term `law of the State'
includes the law of a political subdivision of a State.
``(5) Non-federal property.--The term `non-Federal
property' means property which is owned by a person other than
any Federal entity of government.
``(6) Property.--The term `property' means land, an
interest in land, the right to use or receive water, and any
personal property, as defined under the law of the State.''.
Union Calendar No. 588
106th CONGRESS
2d Session
H. R. 1142
[Report No. 106-1011]
_______________________________________________________________________
A BILL
To ensure that landowners receive treatment equal to that provided to
the Federal Government when property must be used.
_______________________________________________________________________
October 26, 2000
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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