,,ii #aaeth ,,congress #b;d ,session ,s4 #beca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #h1 #bjah,mr4 ,hatch 7for himself and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,for the determination of the taking of private property and damages caused by the ,department of ,interior4 #a4 ,short title ,this ,act may be cited as the ,red ,cliffs ,desert ,reserve ,completion ,act4 #b4 ,findings ,congress finds that-- 7#a7 in the early #aihjs1 ,james ,doyle1 doing business as ,rocky ,mountain ,ventures and ,environmental ,land ,technologies1 ,ltd41 began assembling land for a massive real estate development in the rapidly growing ,st4 ,george area of ,utah2 7#b7 the centerpieces of this development were #i golf courses surrounded by luxury homes2 7#c7 during the #aihjs1 ,james ,doyle acquired #b1ddj acres and held preferential rights to an additional #aa1jjj acres for this development2 7#d7 throughout the #aihjs and into the #aiijs1 ,james ,doyle invested large amounts of money to acquire and develop this land1 including-- 7,a7 procuring the water rights and engineering studies2 7,b7 developing proposals and designs for transportation corridors2 7,c7 constructing #a golf course and designing nine more2 7,d7 developing utility layouts and placements2 7,e7 installing necessary sewer1 water1 and power for the various properties2 and 7,f7 securing all necessary zoning adjustments and development permissions2 7#e7 with planning and preparation essentially complete by #aihi1 ,james ,doyle was prepared to break ground for the initial phase of his project2 7#f7 on ,april #b1 #aiij1 the ,united ,states ,fish and ,wildlife ,service published a final rule listing the ,mojave population of the desert tortoise as threatened under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#g7 on ,february #h1 #aiid1 the ,united ,states ,fish and ,wildlife ,service published a final rule designating all of ,james ,doyle's land as critical habitat for the ,mojave population of the desert tortoise2 7#h7 the listing of the desert tortoise and designation of ,james ,doyle's land as critical habitat for the tortoise made ,james ,doyle's planned land development1 as well as that of other nearby lands1 unlawful without the issuance of an incidental take permit by the ,united ,states ,fish and ,wildlife ,service2 7#i7 in response to the designation1 ,james ,doyle1 as a member of the ,habitat ,conservation ,plan ,steering ,committee1 worked with other landowners1 as well as ,federal1 ,state1 and county officials1 to create a ,habitat ,conservation ,plan covering ,washington ,county that would have allowed ,james ,doyle to develop a portion of his land2 7#aj7 the ,united ,states ,fish and ,wildlife ,service rejected the plan1 stating that the plan set aside insufficient land to protect the tortoise2 7#aa7 ,james ,doyle and the ,steering ,committee prepared a revised ,habitat ,conservation ,plan1 which the ,united ,states ,fish and ,wildlife ,service approved on ,february #bc1 #aiif2 7#ab7 the approved ,habitat ,conservation ,plan allowed the development of #cej1jjj acres of tortoise habitat1 and set aside #fa1jbb acres1 including all of ,james ,doyle's land1 as protected tortoise habitat reserve where no development was allowed2 7#ac7 to this end1 the ,habitat ,conservation ,plan expressly provided that the ,united ,states ,fish and ,wildlife ,service would issue no incidental take permits for desert tortoises on reserve lands2 7#ad7 in return for placing the land in the tortoise reserve1 the ,united ,states promised that it would acquire title to all of the private land1 including ,james ,doyle's1 by exchange or purchase at fair market value2 7#ae7 despite extensive negotiations1 the ,united ,states acquired only about #djj acres of ,james ,doyle's land for the tortoise reserve1 leaving the remainder of his acreage vacant and unproductive2 7#af7 as the years passed1 ,james ,doyle's inability to develop or sell this remaining acreage resulted in severe financial limitations1 leaving him unable to service the mortgages he had incurred on the land to finance acquisition and development costs2 7#ag7 on ,march #cj1 #bjjd1 unable to develop1 exchange1 or sell the land1 in which ,james ,doyle had invested millions of dollars1 ,james ,doyle was forced to seek bankruptcy protection2 7#ah7 in #bjaj1 ,james ,doyle completed1 and the bankruptcy court approved1 a plan under which ,james ,doyle was required to transfer to his creditors all but #bgd acres of his land1 which he still owns but cannot develop2 7#ai7 in #bjae1 ,james ,doyle filed suit in the ,united ,states ,court of ,federal ,claims1 seeking just compensation for the land that has served as a tortoise reserve since #aiif1 and was taken without compensation2 7#bj7 the ,united ,states ,court of ,federal ,claims dismissed ,james ,doyle's claim1 without prejudice1 ruling that he must first seek and be denied a ,united ,states ,fish and ,wildlife ,service permit to develop his land1 even though it is within the ,red ,cliffs ,desert ,reserve where no development is allowed2 and 7#ba7 the permit process would take several years and would be futile4 #c4 ,settlement of ,claim 7a7 ,in general ,the ,secretary of the ,treasury shall pay ,james ,doyle1 out of money not otherwise appropriated1 a sum of money1 in an amount to be determined by the ,united ,states ,court of ,federal ,claims1 representing the amount to which ,james ,doyle may be entitled in order to make ,james ,doyle whole for any damages and losses sustained by ,james ,doyle by reason of the ,federal ,government's taking of approximately #b1jjj acres of his land located in the ,st4 ,george area of ,utah1 now designated as the ,red ,cliffs ,desert ,reserve and set aside as habitat for the ,mojave desert tortoise1 a species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7b7 ,full satisfaction of claims ,the payment made under subsection 7a7 shall be in full satisfaction of all claims of ,james ,doyle against the ,united ,states4