I
109th CONGRESS
1st Session
H. R. 3405
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.
Short title
This Act may be cited as the Strengthening the Ownership of Private Property Act of 2005
or the STOPP Act of 2005
.
Conditions of financial assistance under federal economic development programs
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.
Limitations on use of eminent domain
The acts described in this subsection are as follows:
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.
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.
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.
Definitions
For purposes of this Act, the following definitions shall apply:
Federal economic development program
The term Federal economic development program means any of the following programs:
Department of Agriculture
Forest service
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.).
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).
Rural business—cooperative service
The intermediary relending program under section 1323 of the Food Security Act of 1985 (7 U.S.C. 1932 note).
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)).
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.).
The rural business enterprise grants program under section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)).
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.).
Rural utilities service
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)).
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)).
Rural housing service
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).
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)).
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.).
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.).
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.).
Department of housing and urban development
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.
The brownfields economic development initiative under section 108(q) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(q)).
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).
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.).
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.).
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.
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.).
Appalachian regional commission
Any program for assistance for Appalachian regional development under subtitle IV of title 40, United States Code.
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).
Denali commission
The Denali Commission program under the Denali Commission Act of 1998 (42 U.S.C. 2131 et seq.).
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.).
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).
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).
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.
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.
Applicability
at any time after the date of the enactment of this Act, has engaged in either of the following acts
