I
107TH CONGRESS
2D SESSION
H. R. 4892
To restore to the original owners certain lands that the Federal Government
took for military purposes in 1940.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 2002
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘1940 Takings Restora-
tion Act’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In 1940, during a time of national emer-
gency and impending threat of war, the Federal
Government took for military purposes certain lands
owned by private citizens.
(2) Although many lands were restored to their
former owners when the lands were no longer needed
or used for the purposes for which the lands were
originally taken, some lands that are no longer so
needed or used have not been so restored.
(3) The failure of the Federal Government to
restore the lands so taken in a consistent manner
has caused longstanding and unjust hardship for the
families whose lands have not been so restored, and
this hardship should be corrected.
SEC. 3. RESTORATION TO ORIGINAL OWNERS OF LANDS
TAKEN FOR MILITARY PURPOSES IN 1940.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law (including the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 471 et seq.)), if
any 1940 taken land is under the control of an Executive
agency on the date of the enactment of this Act, the head
of the agency shall convey, without consideration, all right,
title, and interest of the United States in and to the taken
land to the original owner of the taken land.
(b) DEFINITIONS.—For purposes of this Act, the fol-
lowing definitions shall apply:
(1) 1940 TAKEN LAND.—The term ‘‘1940 taken
land’’ means an interest in surface rights to a parcel
of real property with the following characteristics:
(A) The surface rights were taken by the
Federal Government in 1940 for purposes of a
bombing or gunnery range for the training of
military pilots.
(B) The parcel was located in a State in
which a mineral estate was, by the laws in ef-
fect in 1940, superior and dominant to the cor-
responding surface estate.
(C) The taking severed the surface rights
to the parcel from the mineral rights to the
parcel.
(D) As of the date of the enactment of this
Act, the parcel—
(i) has no significant improvements;
(ii) is in a substantially undeveloped
natural state; and
(iii) has not been used for the pur-
poses described in paragraph (A) for at
least 20 years.
(2) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the meaning given such term in section
105 of title 5, United States Code.
(3) ORIGINAL
OWNER.—The term ‘‘original
owner’’ means the person from whom the 1940
taken land was taken or, if the person is deceased,
the heir of the person under the laws of the State
in which the 1940 taken land is located.
Æ