Private Property Rights Act of 1991

Private Property Rights Act of 1991 - Prohibits any regulation issued by an executive agency from becoming effective until that agency is certified by the Attorney General as being in compliance with Executive Order 12630 or similar procedures to assess the potential for, and minimize, the taking of private property by regulatory activity. Limits judicial review of an action taken pursuant to this Act to the question of certification.

Directs the Secretary of Agriculture to: (1) study the effect this Act will have on the farm economy and agricultural production; and (2) report to specified congressional comittees on necessary actions to limit that effect and on Department of Agriculture procedures to minimize the taking of private property in regulatory procedures.

 
HR 1572 IH
102d CONGRESS
1st Session
 H. R. 1572
To ensure that agencies establish the appropriate procedures for assessing
whether or not regulation may result in the taking of private property,
and to direct the Secretary of Agriculture to report to the Committee on
Agriculture of the House and Senate with respect to such takings under
programs of the Department of Agriculture.
IN THE HOUSE OF REPRESENTATIVES
March 21, 1991
Mr. OLIN (for himself, Mr. ROBERTS, Mr. ESPY, Mr. MCEWEN, Mr. STENHOLM,
Mr. COMBEST, Mr. PENNY, Mr. ROHRABACHER, Mr. ENGLISH, Mr. PETRI, Mr. LAFALCE,
Mr. HAMMERSCHMIDT, Mr. PAYNE of Virginia, Mr. SUNDQUIST, Mr. MONTGOMERY,
Mr. MARTIN, Mr. BRUCE, Mr. HANSEN, Mr. STALLINGS, Mr. HERGER, Mr. SKEEN,
Mr. LIVINGSTON, Mr. DUNCAN, Mr. HORTON, Mr. LIGHTFOOT, Mr. YOUNG of Alaska,
and Mr. SOLOMON) introduced the following bill; which was referred jointly
to the Committees on the Judiciary and Agriculture
A BILL
To ensure that agencies establish the appropriate procedures for assessing
whether or not regulation may result in the taking of private property,
and to direct the Secretary of Agriculture to report to the Committee on
Agriculture of the House and Senate with respect to such takings under
programs of the Department of Agriculture.
  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 `Private Property Rights Act of 1991'.
SEC. 2. DEFINITIONS.
  As used in this Act:
  (1) AGENCY- The term `agency' means all executive branch agencies which
  engage in activity with the potential for taking private property, including
  the Department of Agriculture and any military department of the United
  States Government, United States Government corporation, United States
  Government controlled corporation, or other establishment in the executive
  branch of the United States Government.
  (2) TAKING OF PRIVATE PROPERTY- The term `taking of private property'
  means an activity wherein private property is taken such that compensation
  to the owner of that property is required by the fifth amendment to the
  Constitution of the United States.
SEC. 3. PROTECTION OF PRIVATE PROPERTY.
  No regulation promulgated after the date of enactment of this Act by any
  agency shall become effective until the issuing agency is certified by
  the Attorney General as being in compliance with Executive Order 12630
  or similar procedures to assess the potential for the taking of private
  property in the course of Federal regulatory activity, with the goal of
  minimizing such where possible.
SEC. 4. JUDICIAL REVIEW.
  (a) JURISDICTION-
  (1) IN GENERAL- Judicial review of an action taken pursuant to this Act--
  (A) shall be limited to the question of whether the Attorney General has
  certified the issuing agency under section 3 as being in compliance with
  Executive Order 12630 or similar procedures,
  (B) may be provided in any forum and at any time as the regulations that
  are the subject of the action are otherwise subject to judicial review.
  (2) CLAIMS COURT JURISDICTION- Judicial review of an issue arising under
  this Act over which the United States Claims Court has jurisdiction may
  only be sought in that court.
  (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 action.
  (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 action.
SEC. 5. STUDY AND REPORT ON TAKINGS, FARM ECONOMY, AND AGRICULTURAL PRODUCTION.
  (a) STUDY- Before the end of the 90-day period beginning on the date of
  the enactment of this Act, the Secretary 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 Committee
  on Agriculture, Nutrition, and Forestry of the Senate a report on the
  findings and conclusions of the study under subsection (a), which includes--
  (1) a discussion of--
  (A) administrative procedures followed by the Department of Agriculture
  to minimize the taking of private property in regulatory activities of
  that department; and
  (B) measures undertaken by that department 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.