text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Private Property Protection Act of 
  1995''.
  
  SEC. 2. FEDERAL POLICY AND DIRECTION.
  
      (a) General Policy.--It is the policy of the Federal Government 
  that no law or agency action should limit the use of privately owned 
  property so as to diminish its value.
      (b) Application to Federal Agency Action.--Each Federal agency, 
  officer, and employee should exercise Federal authority to ensure that 
  agency action will not limit the use of privately owned property so as 
  to diminish its value.
  
  SEC. 3. RIGHT TO COMPENSATION.
  
      (a) In General.--The Federal Government shall compensate an owner 
  of property whose use of any portion of that property has been limited 
  by an agency action, under a specified regulatory law, that diminishes 
  the fair market value of that portion by 20 percent or more. The amount 
  of the compensation shall equal the diminution in value that resulted 
  from the agency action. If the diminution in value of a portion of that 
  property is greater than 50 percent, at the option of the owner, the 
  Federal Government shall buy that portion of the property for its fair 
  market value.
      (b) Duration of Limitation on Use.--Property with respect to which 
  compensation has been paid under this Act shall not thereafter be used 
  contrary to the limitation imposed by the agency action, even if that 
  action is later rescinded or otherwise vitiated. However, if that 
  action is later rescinded or otherwise vitiated, and the owner elects 
  to refund the amount of the compensation, adjusted for inflation, to 
  the Treasury of the United States, the property may be so used.
  
  SEC. 4. EFFECT OF STATE LAW.
  
      If a use is a nuisance as defined by the law of a State or is 
  already prohibited under a local zoning ordinance, no compensation 
  shall be made under this Act with respect to a limitation on that use.
  
  SEC. 5. EXCEPTIONS.
  
      (a) Prevention of Hazard to Health or Safety or Damage to Specific 
  Property.--No compensation shall be made under this Act with respect to 
  an agency action the primary purpose of which is to prevent an 
  identifiable--
              (1) hazard to public health or safety; or
              (2) damage to specific property other than the property 
          whose use is limited.
      (b) Navigation Servitude.--No compensation shall be made under this 
  Act with respect to an agency action pursuant to the Federal navigation 
  servitude, as defined by the courts of the United States, except to the 
  extent such servitude is interpreted to apply to wetlands.
  
  SEC. 6. PROCEDURE.
  
      (a) Request of Owner.--An owner seeking compensation under this Act 
  shall make a written request for compensation to the agency whose 
  agency action resulted in the limitation. No such request may be made 
  later than 180 days after the owner receives actual notice of that 
  agency action.
      (b) Negotiations.--The agency may bargain with that owner to 
  establish the amount of the compensation. If the agency and the owner 
  agree to such an amount, the agency shall promptly pay the owner the 
  amount agreed upon.
      (c) Choice of Remedies.--If, not later than 180 days after the 
  written request is made, the parties do not come to an agreement as to 
  the right to and amount of compensation, the owner may choose to take 
  the matter to binding arbitration or seek compensation in a civil 
  action.
      (d) 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.
      (e) Civil Action.--An owner who does not choose arbitration, or who 
  does not receive prompt payment when required by this section, may 
  obtain appropriate relief in a civil action against the agency. An 
  owner who prevails in a civil action under this section shall be 
  entitled to, and the agency shall be liable for, a reasonable 
  attorney's fee and other litigation costs (including appraisal fees). 
  The court shall award interest on the amount of any compensation from 
  the time of the limitation.
      (f) Source of Payments.--Any payment made under this section to an 
  owner, and any judgment obtained by an owner in a civil action under 
  this section shall, notwithstanding any other provision of law, be made 
  from the annual appropriation of the agency whose action occasioned the 
  payment or judgment. 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.
  
  SEC. 7. LIMITATION.
  
      Notwithstanding any other provision of law, any obligation of the 
  United States to make any payment under this Act shall be subject to 
  the availability of appropriations.
  
  SEC. 8. DUTY OF NOTICE TO OWNERS.
  
      Whenever an agency takes an agency action limiting the use of 
  private property, the agency shall give appropriate notice to the 
  owners of that property directly affected explaining their rights under 
  this Act and the procedures for obtaining any compensation that may be 
  due to them under this Act.
  
  SEC. 9. RULES OF CONSTRUCTION.
  
      (a) Effect on Constitutional Right to Compensation.--Nothing in 
  this Act shall be construed to limit any right to compensation that 
  exists under the Constitution or under other laws of the United States.
      (b) Effect of Payment.--Payment of compensation under this Act 
  (other than when the 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 limitation on use resulting from the agency 
  action.
  
  SEC. 10. DEFINITIONS.
  
      For the purposes of this Act--
              (1) the term ``property'' means land and includes the right 
          to use or receive water;
              (2) a use of property is limited by an agency action if a 
          particular legal right to use that property no longer exists 
          because of the action;
              (3) the term ``agency action'' has the meaning given that 
          term in section 551 of title 5, United States Code, but also 
          includes the making of a grant to a public authority 
          conditioned upon an action by the recipient that would 
          constitute a limitation if done directly by the agency;
              (4) the term ``agency'' has the meaning given that term in 
          section 551 of title 5, United States Code;
              (5) the term ``specified regulatory law'' means--
                      (A) section 404 of the Federal Water Pollution 
                  Control Act (33 U.S.C. 1344);
                      (B) the Endangered Species Act of 1979 (16 U.S.C. 
                  1531 et seq.);
                      (C) title XII of the Food Security Act of 1985 (16 
                  U.S.C. 3801 et seq.); or
                      (D) with respect to an owner's right to use or 
                  receive water only--
                              (i) the Act of June 17, 1902, and all Acts 
                          amendatory thereof or supplementary thereto, 
                          popularly called the ``Reclamation Acts'' (43 
                          U.S.C. 371 et seq.);
                              (ii) the Federal Land Policy Management Act 
                          (43 U.S.C. 1701 et seq.); or
                              (iii) section 6 of the Forest and Rangeland 
                          Renewable Resources Planning Act of 1974 (16 
                          U.S.C. 1604);
              (6) the term ``fair market value'' means the most probable 
          price at which property would change hands, in a competitive 
          and open market under all conditions requisite to a fair sale, 
          between a willing buyer and a willing seller, neither being 
          under any compulsion to buy or sell and both having reasonable 
          knowledge of relevant facts, at the time the agency action 
          occurs;
              (7) the term ``State'' includes the District of Columbia, 
          Puerto Rico, and any other territory or possession of the 
          United States; and
              (8) the term ``law of the State'' includes the law of a 
          political subdivision of a State.
  
              Passed the House of Representatives March 3, 1995.
  
              Attest:
  
                                                  ROBIN H. CARLE,
  
                                                                  Clerk.
target: Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value.  Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent. Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless:  (1) the action is later rescinded or vitiated; and (2) the property owner refunds the amount of the compensation to the Treasury. Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. Prohibits compensation from being made under this Act with respect to:  (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited; or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by U.S. courts to wetlands. Sets forth the procedures by which a property owner may seek compensation under this Act. Subjects any payment under this Act to the availability of appropriations. Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners. Declares that:  (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law; and (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action.
feat_title: Private Property Protection Act of 1995