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106TH CONGRESS

1ST SESSION H. R. 1613

To restore to the original owners certain lands that the Federal Government

took for military purposes in 1940.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1999

Mr. PAUL introduced the following bill; which was referred to the Committee

on Resources, and in addition to the Committee on Government Reform,

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 restore to the original owners certain lands that the

Federal Government took for military purposes in 1940.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘1940 Takings Restora5 tion Act’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) In 1940, during a time of national emer9 gency and impending threat of war, the Federal
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1 Government took for military purposes certain lands

2 owned by private citizens.

3 (2) Although many lands were restored to their

4 former owners when the lands were no longer needed

5 or used for the purposes for which the lands were

6 originally taken, some lands that are no longer so

7 needed or used have not been so restored.

8 (3) The failure of the Federal Government to

9 restore the lands so taken in a consistent manner

10 has caused longstanding and unjust hardship for the

11 families whose lands have not been so restored, and

12 this hardship should be corrected.

13 SEC. 3. RESTORATION TO ORIGINAL OWNERS OF LANDS

14 TAKEN FOR MILITARY PURPOSES IN 1940.

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law (including the Federal Property and Adminis17 trative Services Act of 1949 (40 U.S.C. 471 et seq.)), if

18 any 1940 taken land is under the control of an Executive

19 agency on the date of the enactment of this Act, the head

20 of the agency shall convey, without consideration, all right,

21 title, and interest of the United States in and to the taken

22 land to the original owner of the taken land.

23 (b) DEFINITIONS.—For purposes of this Act, the fol24 lowing definitions shall apply:
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1 (1) 1940 TAKEN LAND.—The term ‘‘1940 taken

2 land’’ means an interest in surface rights to a parcel

3 of real property with the following characteristics:

4 (A) The surface rights were taken by the

5 Federal Government in 1940 for purposes of a

6 bombing or gunnery range for the training of

7 military pilots.

8 (B) The parcel was located in a State in

9 which a mineral estate was, by the laws in ef10 fect in 1940, superior and dominant to the cor11 responding surface estate.

12 (C) The taking severed the surface rights

13 to the parcel from the mineral rights to the

14 parcel.

15 (D) As of the date of the enactment of this

16 Act, the parcel—

17 (i) has no significant improvements;

18 (ii) is in a substantially undeveloped

19 natural state; and

20 (iii) has not been used for the pur21 poses described in paragraph (A) for at

22 least 20 years.

23 (2) EXECUTIVE AGENCY.—The term ‘‘Executive

24 agency’’ has the meaning given such term in section

25 105 of title 5, United States Code.
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1 (3) ORIGINAL OWNER.—The term ‘‘original

2 owner’’ means the person from whom the 1940

3 taken land was taken or, if the person is deceased,

4 the heir of the person under the laws of the State

5 in which the 1940 taken land is located.

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