SA 3640. Mr. CRAIG (for himself, Mr. Brownback, and Mr. Allard) submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. FARMLAND AND GRAZING LAND PRESERVATION.
(a) Definitions.--In this section:
(1) FARMLAND OR GRAZING LAND.--The term ``farmland or grazing land'' means--
(A) farmland (as defined in section 1540(c) of the Farmland Protection Policy Act (7 U.S.C. 4201(c)));
(B) land that is used for any part of the year as pasture land for the grazing of livestock;
(C) land that is assessed as agricultural land for purposes of State or local property taxes; and
(D) land that is enrolled in--
(i) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or
(ii) any other program authorized under--
(I) subtitle D of title XII of that Act; or
(II) the Food and Energy Security Act of 2007.
(2) FEDERAL FUNDS OR FINANCIAL ASSISTANCE.--The term ``Federal funds or financial assistance'' means--
(A) Federal financial assistance (as defined in section 101 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601)); and
(B) any other Federal funds that are appropriated through an Act of Congress or otherwise expended from the Treasury.
(3) PROHIBITED CONDUCT.--
(A) IN GENERAL.--The term ``prohibited conduct'' means the exercise of eminent domain authority to acquire real property that is farmland or grazing land for the purpose of a park, recreation, open space, conservation, preservation view, scenic vista, or similar purpose.
(B) EXCEPTIONS.--The term ``prohibited conduct'' does not include a transfer of farmland or grazing land for--
(i) use by a public utility;
(ii) a road or other right of way or means, open to the public or common carriers, for transportation;
(iii) an aqueduct, pipeline, or similar use;
(iv) a prison or hospital; or
(v) any use during and in relation to a national emergency or national disaster declared by the President under other law.
(4) RELEVANT ENTITY.--The term ``relevant entity'' means--
(A) a State or unit of local government that engages in prohibited conduct;
(B) a State or unit of local government that gives authority for an entity to engage in prohibited conduct; and
(C) in the case of extraterritorial prohibited conduct--
(i) the entity that engages in prohibited conduct; and
(ii) the State or unit of local government that allows the prohibited conduct to take place within the jurisdiction of the State or local government.
(5) STATE.--The term ``State'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(b) Prohibitions.--
(1) IN GENERAL.--If a relevant entity engages in prohibited conduct, no officer or employee of the Federal Government with responsibility over Federal funds or financial assistance may make the Federal funds or assistance available to the relevant entity during the period described in paragraph (2).
(2) DURATION OF PROHIBITION.--The period referred to in paragraph (1) is the period that begins on the date that an officer or employee of the Federal Government determines that a relevant entity has engaged in prohibited conduct and ends on the earlier of--
(A) the date that is 5 years after the date on which the period began; or
(B) the date on which the farmland or grazing land is returned to the person from whom the property was acquired, in the same condition in which the property was originally acquired.
(3) FEDERAL PROHIBITION.--No agency of the Federal Government may engage in prohibited conduct.
(c) Private Right of Action.--The owner of any real property acquired by prohibited conduct that results in the prohibition under this section of Federal funds or financial assistance may, in a civil action, obtain injunctive and declaratory relief to enforce that prohibition.
(d) Applicability.--This section applies to any prohibited conduct--
(1) that takes place on or after the date of enactment of this section; or
(2)(A) that is in process on the date of enactment of this section; and
(B) for which title has not yet passed to the relevant entity.


(As printed in the Congressional Record for the Senate on Nov 13, 2007.)