Strengthening the Ownership of Private Property Act of 2005 or STOPP Act of 2005 - Prohibits, until the earlier of two years after the takings prohibited by this Act or the day the property is returned to the original owner, federal financial assistance under defined federal economic development programs to a state or local government entity that: (1) uses the power of eminent domain to take property from a private entity and transfer the ownership of, or a leasehold interest in, the property to another private entity; or (2) fails to provide, to any person displaced from property by the use of the power of eminent domain for any economic development purpose, relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Excepts from the first clause property taken for: (1) use by a public utility; (2) a road open to the public or common carriers; (3) an aqueduct, pipeline, or similar use; (4) a prison or hospital; or (5) any use during and in relation to a national emergency or national disaster declared by the President.
Provides a private right of action for the owner of any real property taken by conduct prohibited under this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3405 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3405
To prohibit the provision of Federal economic development assistance
for any State or locality that uses the power of eminent domain power
to obtain property for private commercial development or that fails to
pay relocation costs to persons displaced by use of the power of
eminent domain for economic development purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2005
Mr. Bonilla (for himself, Ms. Herseth, Mr. Goodlatte, Ms. Waters, Mr.
Pombo, Mr. Smith of Texas, Mr. DeFazio, Mr. Otter, Mrs. Drake, Mr.
Boyd, Mr. Calvert, Mr. Pearce, Mr. Kucinich, Mr. Duncan, Mr.
Thornberry, Mr. Neugebauer, and Mr. McKeon) introduced the following
bill; which was referred to the Committee on Agriculture, and in
addition to the Committees on Transportation and Infrastructure,
Financial Services, Resources, and Education and the Workforce, 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 prohibit the provision of Federal economic development assistance
for any State or locality that uses the power of eminent domain power
to obtain property for private commercial development or that fails to
pay relocation costs to persons displaced by use of the power of
eminent domain for economic development purposes.
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 ``Strengthening the Ownership of
Private Property Act of 2005'' or the ``STOPP Act of 2005''.
SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER FEDERAL ECONOMIC
DEVELOPMENT PROGRAMS.
(a) Prohibition of Assistance.--If, after the date of the enactment
of this Act, any State (or any agency thereof) or any unit of general
local government (or any agency thereof) engages in any act described
in subsection (b), Federal financial assistance under any Federal
economic development program may not be provided to such State
(including any agency thereof) or unit of general local government
(including any agency thereof), respectively, at any time after such
act.
(b) Limitations on Use of Eminent Domain.--The acts described in
this subsection are as follows:
(1) Use of eminent domain for private commercial
development.--Any use of the power of eminent domain to take
property from one private individual or entity for any economic
development purpose and transfer ownership of such property (or
a portion thereof) to another private individual or entity.
(2) Failure to provide relocation assistance for persons
displaced by use of eminent domain for economic development.--
Failing to provide, to any person displaced by the use of the
power of eminent domain for any economic development purpose,
relocation assistance under the Uniform Relocation Assistance
and Real Property Acquisitions Policies Act of 1970 (42 U.S.C.
4601 et seq.) in the same manner and to the same extent as
relocation assistance is required under such Act to be provided
by a Federal agency that undertakes a program or project that
results in displacement of such person.
(c) Certification of Compliance.--If the head of a Federal agency
does not have actual knowledge that a particular State or unit of
general government has engaged in an act described subsection (b) after
the date of the enactment of this Act, a certification made to such
Federal agency head by the chief executive officer of the State or unit
of general government that such State or unit has not engaged in any
such act shall be sufficient for such Federal agency head to determine
that the State or unit is not ineligible, by reason of subsection (a),
for Federal financial assistance under a Federal economic development
program administered by such Federal agency head.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Federal economic development program.--The term
``Federal economic development program'' means any of the
following programs:
(A) Department of agriculture.--
(i) Forest service.--
(I) The National Forest-dependent
rural communities program for
assistance for economic recovery under
the National Forest-Dependent Rural
Communities Economic Diversification
Act of 1990 (7 U.S.C. 6611 et seq.).
(II) The rural development through
forestry program pursuant to the
Department of the Interior and Related
Agencies Appropriations Act, 2001
(Public Law 106-291; 114 Stat. 972) and
the Department of the Interior and
Related Agencies Appropriations Act,
2005 (Public Law 108-447, Division E;
118 Stat. 3080).
(ii) Rural business--cooperative service.--
(I) The intermediary relending
program under section 1323 of the Food
Security Act of 1985 (7 U.S.C. 1932
note).
(II) The rural business
opportunities grant program under
section 306(a)(11) of the Consolidated
Farm and Rural Development Act (7
U.S.C. 1926(a)(11)).
(III) The program for assistance to
cooperatives for economic development
under the Act of July 2, 1926 (7 U.S.C.
451 et seq.) and subtitle A of the
Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.).
(IV) The rural business enterprise
grants program under section 310B(c) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)).
(V) The rural economic development
loans and grants program under title
III of the Rural Electrification Act of
1936 (7 U.S.C. 930 et seq.).
(iii) Rural utilities service.--
(I) The program for grants, direct
loans, and guaranteed loans for water
and waste disposal systems for rural
communities under paragraphs (1) and
(2) of section 306(a) of the
Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)).
(II) The Rural Utilities Service
program for grants and loans to the
Denali Commission under section
19(a)(2) of the Rural Electrification
Act of 1936 (7 U.S.C. 918a(a)(2)).
(iv) Rural housing service.--
(I) The rural community development
initiative pursuant to the Agriculture,
Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-17) and the
Agriculture, Rural Development, Food
and Drug Administration, and Related
Agencies Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2826).
(II) The program for loans and
grants for essential community
facilities under section 306(a)(1) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(1)).
(v) Farm service agency.--The program for
loans to Indian tribes and tribal corporations
under the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.).
(vi) Rural business investment program.--
The rural business investment program under
subtitle H of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc et seq.).
(B) Department of commerce--economic development
administration.--Any program for financial assistance
under the Public Works and Economic Development Act of
1965 (42 U.S.C. 3121 et seq.).
(C) Department of housing and urban development.--
(i) The community development block grant
programs under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.), including the entitlement
grants, small cities, special purpose and
insular areas grants, States, Indian tribe
grants, and loan guarantee programs.
(ii) The brownfields economic development
initiative under section 108(q) of the Housing
and Community Development Act of 1974 (42
U.S.C. 5308(q)).
(iii) The rural housing and economic
development program of the Department of
Housing and Urban Development pursuant to title
II of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent
Agencies Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 3300) and title II of the
Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies
Appropriations Act, 1999 (Public Law 105-276;
112 Stat. 2475).
(iv) The Indian housing block grant program
under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C.
4101 et seq.).
(D) Empowerment zones program.--The empowerment
zones, enterprise communities, and rural development
investment areas programs under subchapter U of chapter
1 of the Internal Revenue Code of 1986 (26 U.S.C. 1391
et seq.).
(E) Department of the interior-- bureau of indian
affairs.--The programs for grants, loans, and loan
guarantys for Indian economic development of the Office
of Economic Development, Bureau of Indian Affairs of
the Department of the Interior.
(F) Department of the treasury.--The community
development financial institutions fund program under
subtitle A of title I of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4701 et seq.).
(G) Appalachian regional commission.--Any program
for assistance for Appalachian regional development
under subtitle IV of title 40, United States Code.
(H) National credit union administration.--The
community development revolving loan fund program for
credit unions under the Community Development Credit
Union Revolving Loan Fund Transfer Act (42 U.S.C. 9822
note).
(I) Denali commission.--The Denali Commission
program under the Denali Commission Act of 1998 (42
U.S.C. 2131 et seq.).
(J) Delta regional authority.--The program for
Delta regional development under subtitle F of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa et seq.).
(K) Department of health and human services.--The
discretionary award program for community economic
development under section 680 of the Community Services
Block Grant Act (42 U.S.C. 9921).
(2) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given such term in
section 101 of the Uniform Relocation Assistance and Real
Property Acquisitions Policies Act of 1970 (42 U.S.C. 4601).
(3) State.--The term ``State'' means any of the States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, and any
other territory or possession of the United States.
(4) Unit of local government.--The term ``unit of local
government'' means any city, county, town, township, parish,
village, or other general purpose political subdivision of a
State or any community redevelopment agency, housing authority,
special district, or other special purpose political
subdivision of a State.
SEC. 4. APPLICABILITY.
at any time after the date of the enactment of this Act, has
engaged in either of the following acts
<all>
Referred to the Committee on Agriculture, and in addition to the Committees on Transportation and Infrastructure, Financial Services, Resources, and Education and the Workforce, 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.
Referred to the Committee on Agriculture, and in addition to the Committees on Transportation and Infrastructure, Financial Services, Resources, and Education and the Workforce, 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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Education Reform.
Referred to the Subcommittee on Housing and Community Opportunity.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 40 - 1.
Committee Hearings Held.
Reported (Amended) by the Committee on Agriculture. H. Rept. 109-261, Part I.
Reported (Amended) by the Committee on Agriculture. H. Rept. 109-261, Part I.
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Committee on Transportation discharged.
Committee on Transportation discharged.
Committee on Financial Services discharged.
Committee on Financial Services discharged.
Committee on Resources discharged.
Committee on Resources discharged.
Committee on Education and the Workforce discharged.
Committee on Education and the Workforce discharged.
Placed on the Union Calendar, Calendar No. 142.
Sponsor introductory remarks on measure. (CR H9579-9580)