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The amendment allows compensation only if an agency does not conduct a property impact analysis. If the agency does conduct that analysis, they do not have to compensate, regardless what the impact analysis said.
If the agency is successfully able to identify a way to impact the property without totally taking it, there is no compensation as long as they analyze it and say so.
I think the gentleman's point about the fifth amendment is correct. Senator Dole clearly said he supports separate legislation that does address compensation. Senator Dole is saying although his initial letter does not address that issue…
The definition of use of property is defined in the statute to say, when the use of property is limited by an agency action, if a particular legal right to use that property no longer exists because of the action. You are talking about a…
Again, in looking to the Budget Act and what may be some precedent that we could point to, if in fact CBO were to determine and so state that regardless of how much time they had they simply could not come up with an estimate, the…
I just wish to thank the Senator from Montana. I know of his experience as a local official in Montana, as a county commissioner, and I appreciate the support in not wanting to see a sunset take place in this legislation.
The burden of proof in this case would be upon the Senator raising the point of order. The originator of the amendment is not required to get the CBO estimate. I think that it would be good government for anyone bringing an amendment that…
I think on this nuclear issue in the future, nuclear waste, et cetera, there ought to be an opportunity for these Senators to begin to forge a partnership to deal with this issue.
I appreciate so much the sensitivity of the Senator from Wisconsin to the issue of the amendment which he has offered. It was a pleasure to work with the Senator on the language of that amendment. With regard to this side of the aisle, we…
Assuring public safety, curbing unfunded federal mandates, and building strong local economies are the most important priorities for America's cities and towns, according to the National League of Cities' annual opinion survey of municipal…
No, I--again, I do not know if that is encouraging some vagueness. I think the authorizing committee would say narrow that range. If CBO comes back and says this is the figure or the figures, then that is their estimate. It does not create…
Again, right now, I do not think this legislation states what a range is--it is silent on that question.
Again we are not plowing new ground here. We are following the procedures of the Budget Act. Again, I have been advised that rarely do they come up with a range. If you have a range that is a wide range, from CBO, then I think perhaps the…
In that hypothetical where you say it is between $10 million and $60 million, that you take the midrange, the reason that I would be an advocate that you take the larger range is because S. 1 is based upon the presumption we are going to…
If it is a situation where we are in essence providing more funds than are necessary to carry out the mandate, then, yes, we need to have a mechanism because that is taxpayers' precious money, and we do not want to abuse that by having it…
I would be happy to sit down and see what perhaps we could design here because if in fact what the Senator is suggesting is that rather than trying to have CBO give an estimate that is many, many years down there, that there can be updated…
No, but that is an interesting point. You make the point as to why we should not sunset S. 1, because we need to keep this process in place to deal with these issues. It is an interesting point. Again, I would be willing to sit down with…
I think Congress ought to revisit these issues a little more often than simply saying now that we impose this mandate, it is here for infinity.