I 
108TH CONGRESS 
1ST SESSION 
H. R. 701
To restore to the original owners certain lands that the Federal Government 
took for military purposes in 1940. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2003
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