H.Amdt. 449House111th Congress (2009-2011)

The amendment to provides private property owner protection.

What it does: 5 changes: inserts text in 3 places, rewrites a provision, adds a section
Submitted September 23, 2009

Description

See item 1271 for amendment explanation.

What it changes

5 changes to H.R. 324 · 4 shown in the bill's text

Inserts text in 3 placesRewrites a provisionAdds a section
  1. Change 1: Inserts “, in consultation with the Secretary of Homeland Security,” after “Secretary”

    InsertsSection 5(c)(1)

    In H.R. 324 · Introduced in House

    (1) Review.--Not later than 180 days after receiving the plan, the Secretary[struck: ][inserted: , in consultation with the Secretary of Homeland Security, ]shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).

    Original wording

    In section 5(c)(1) of the bill, insert “, in consultation with the Secretary of Homeland Security,” after “Secretary”.

  2. Change 2: Rewrites section 8(c)(4)

    Replaces

    Removes section 8(c)(4).

    Inserted: (4) modifies, restricts, impedes, hinders, or supplants any border enforcement or security authority, including drug interdiction and illegal immigration control.

    Original wording

    In section 8(c) of the bill, amend paragraph (4) to read as follows:

  3. Change 3: Inserts “(a) Clarification.--” before “Nothing”

    InsertsSection 9

    In H.R. 324 · Introduced in House

    SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    [inserted: (a) Clarification.-- ]Nothing in this Act--

    (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

    Original wording

    In section 9 of the bill, insert “(a) Clarification.--” before “Nothing”.

  4. Change 4: Inserts new text at the end of section 9

    Inserts

    In H.R. 324 · Introduced in House

    (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

    Inserted: (b) Private Property Owner Protection.--

    Inserted: (1) No privately owned property shall be preserved, conserved, or promoted by the management plan for the National Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity.

    Inserted: (2) Any owner of private property included within the boundary of the National Heritage Area shall have their property immediately removed from within the boundary by submitting a written request to the management entity.

    Original wording

    At the end of section 9 of the bill, add the following:

  5. Change 5: Adds SEC. 13. BORDER SECURITY at the end of the bill

    Adds a section

    In H.R. 324 · Introduced in House

    The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

    Inserted: SEC. 13. BORDER SECURITY.

    Inserted: Nothing in this Act may impede, prohibit, or restrict activities of the Secretary of Homeland Security to achieve operational control (as defined under Public Law 109-367) within the National Heritage Area.

    Original wording

    At the end of the bill, add the following new section (and conform the table of contents accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

In section 5(c)(1) of the bill, insert “, in consultation with the Secretary of Homeland Security,” after “Secretary”.

In section 8(c) of the bill, amend paragraph (4) to read as follows:

(4) modifies, restricts, impedes, hinders, or supplants any border enforcement or security authority, including drug interdiction and illegal immigration control.

In section 9 of the bill, insert “(a) Clarification.--” before “Nothing”.

At the end of section 9 of the bill, add the following:

(b) Private Property Owner Protection.--

(1) No privately owned property shall be preserved, conserved, or promoted by the management plan for the National Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity.

(2) Any owner of private property included within the boundary of the National Heritage Area shall have their property immediately removed from within the boundary by submitting a written request to the management entity.

At the end of the bill, add the following new section (and conform the table of contents accordingly):

SEC. 13. BORDER SECURITY.

Nothing in this Act may impede, prohibit, or restrict activities of the Secretary of Homeland Security to achieve operational control (as defined under Public Law 109-367) within the National Heritage Area.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

September 23, 2009

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Floor

House amendment offered

September 23, 2009

Floor

House amendment agreed to: On agreeing to the Grijalva amendment (A002) Agreed to by voice vote.

September 23, 2009 • 3:51 PM

Not Used

Amendment agreed to by House: On agreeing to the Grijalva amendment (A002) Agreed to by voice vote.

September 23, 2009 • 3:51 PM

Not Used

House amendment offered/reported by : Amendment (A002) offered by Mr. Grijalva.(consideration: CR H9853; text: CR H9853)

September 23, 2009 • 3:50 PM

Floor

Amendment (A002) offered by Mr. Grijalva. (consideration: CR H9853; text: CR H9853)

September 23, 2009 • 3:50 PM

Floor

On agreeing to the Grijalva amendment (A002) Agreed to by voice vote.

September 23, 2009 • 3:51 PM