[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 339 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 339

   To ensure the provision of appropriate compensation for the real 
 property and mining claims taken by the United States as a result of 
    the establishment of the White Sands Missile Range, New Mexico.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 2 (legislative day, January 30), 1995

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
   To ensure the provision of appropriate compensation for the real 
 property and mining claims taken by the United States as a result of 
    the establishment of the White Sands Missile Range, New Mexico.

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

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``White Sands Fair Compensation Act of 
1995''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The White Sands Missile Range, New Mexico, is an 
        installation that is vital to the national security interests 
        of the United States.
            (2) The United States established the Range during World 
        War II, and, in doing so, temporarily displacing ranchers and 
        miners who owned land within the boundaries of the Range or 
        whose livelihood depended on such land.
            (3) These ranchers and miners made a significant 
        contribution to the effort of the United States to win World 
        War II and to the post-war national defense program by vacating 
        land within the Range at the request of the United States 
        Government.
            (4) In 1975, all land within the Range was permanently 
        taken by the United States Government.
            (5) The United States Government has never fully 
        compensated ranchers and miners who owned land within the 
        boundaries of the Range or whose livelihood depended on such 
        land for the value of the land and claims taken by the 
        Government.
            (6) The method utilized by the United States Government to 
        compensate such ranchers differs from the method utilized by 
        the Government to compensate ranchers during the taking of land 
        in the area in New Mexico that became the McGregor Range and 
        Extension Area of the Fort Bliss Military Reservation, Texas. 
        Ranchers owning property in that were fully compensated for 
        their ranches as operating units, including the carrying 
        capacity of public domain lands associated with such ranches.
            (7) Through the Legacy Fellowship Program in Natural and 
        Cultural Resource Management established by section 328 of 
        Public Law 102-484, the Department of Defense is sponsoring a 
        5-year research project on the historical significance of 
        ranching in the area that is now the White Sands Missile Range.
            (8) The United States Government has an obligation to pay 
        full compensation to ranchers and miners who owned land within 
        the boundaries of the Range or whose livelihood depended on 
        such land for the value of the land and claims that were taken 
        by the Government.

 SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established in the Department of 
Defense a commission to be known as the White Sands Fair Compensation 
Commission (hereafter in this section referred to as the 
``Commission'').
    (b) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of nine members appointed by the Secretary of Defense 
        as follows--
                    (A) one shall be an employee of the Department of 
                Defense;
                    (B) one shall be an employee of the Department of 
                the Interior who shall be appointed from among 
                individuals recommended by the Secretary of the 
                Interior;
                    (C) five shall be individuals appointed from among 
                individuals recommended by the Senators and 
                Representatives from the State of New Mexico, with one 
                individual appointed from among the recommendations of 
                each such Senator and Representative; and
                    (D) two shall be individuals appointed from among 
                individuals recommended by the Governor of New Mexico.
            (2) Expertise.--The Secretary shall, to the maximum extent 
        practicable, make appointments under this subsection from among 
        individuals recommended to the Secretary who are present or 
        former residents of the State of New Mexico and who have an 
        expertise in matters of agricultural economics or the history 
        of the establishment of the White Sands Missile Range, New 
        Mexico.
    (c) Terms and Vacancies.--Members of the Commission shall be 
appointed for the life of the Commission. Any vacancy in the Commission 
shall not affect its powers but shall be filled in the same manner as 
the original appointment.
    (d) Compensation.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Commission shall serve without pay or 
        compensation.
            (2) Travel expenses.--Each member of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
    (e) Officers.--The members of the Commission shall elect the 
Chairman of the Commission and any other officers that may be required 
for the Commission. The term of office of an officer of the Commission 
shall be established by the members of the Commission.
    (f) Quorum.--Five members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
    (g) Bylaws.--The Commission may make such bylaws, rules, and 
regulations as it considers necessary to carry out its functions.
    (h) Administrative Support.--The Secretary shall provide the 
Commission with such professional and technical support, clerical staff 
and services, and administrative support as the Secretary determines 
necessary for the Commission to carry out its responsibilities under 
this Act. Amounts required by the Secretary to carry out this 
subsection shall be paid from funds appropriated under section 5(a).
    (i) Termination.--The Commission shall terminate on the date that 
is 14 months after the completion of the evaluations by the Commission 
of the claims submitted to the Commission under section 4.

SEC. 4. EVALUATION AND PAYMENT OF CLAIMS FOR COMPENSATION FOR TAKINGS 
              RELATING TO WHITE SANDS MISSILE RANGE.

    (a) In General.--Claims for compensation for takings of property 
associated with the establishment of the White Sands Missile Range, New 
Mexico, shall be evaluated, and payments of such compensation made, in 
accordance with this section.
    (b) Submittal of Claims.--
            (1) In general.--Subject to paragraph (3), any individual 
        described in paragraph (2) may submit to the White Sands Fair 
        Compensation Commission a claim for full compensation for the 
        taking of such individual's property as a result of the 
        establishment of the White Sands Missile Range.
            (2) Eligible individuals.--The following individuals may 
        submit claims under this subsection:
                    (A) Individuals--
                            (i) who--
                                    (I) owned real property that was 
                                taken by the United States for the 
                                purpose of establishing the area now 
                                known as the White Sands Missile Range, 
                                New Mexico; and
                                    (II) engaged in ranching activities 
                                on the real property at the time of the 
                                taking; and
                            (ii) who claim that the amount paid by the 
                        United States in 1975 in compensation for the 
                        taking was not full compensation for the value 
                        of the property at the time of the taking.
                    (B) Individuals who--
                            (i) possessed a mining claim in real 
                        property that was so taken; and
                            (ii) claim that the amount paid by the 
                        United States in 1975 in compensation for the 
                        taking was not full compensation for value of 
                        the mining claim at the time of the taking.
                    (C) Heirs or assigns of the individuals described 
                in subparagraphs (A) and (B).
            (3) Deadline for claims.--A claim shall be submitted under 
        this subsection not later than the end of the 14-month period 
        beginning on the date of the enactment of this Act.
    (c) Evaluation of Claims.--
            (1) In general.--The Commission shall evaluate each claim 
        submitted under this section. In evaluating a claim, the 
        Commission shall--
                    (A) determine whether or not the individual 
                submitting the claim is eligible to submit the claim;
                    (B) if the individual is so eligible, determine 
                whether or not the amount paid by the United States to 
the individual in 1975 for the real property or mining claim of the 
individual, as the case may be, was full compensation for the value of 
the real property or mining claim at the time of the taking;
                    (C) if the amount so paid is determined not to have 
                been such full compensation, determine the amount that 
                would constitute such full compensation; and
                    (D) notify the individual and the Secretary of 
                Defense of the determinations.
            (2) Rules for valuation of real property.--In determining 
        the value of real property under paragraph (1)(B), the 
        Commission--
                    (A) shall utilize established precedents for the 
                valuation of real property in New Mexico that is 
                similar to the real property subject to valuation;
                    (B) shall take into account the value, if any, 
                added to the real property by Federal grazing permits 
                associated with the real property; and
                    (C) may not take into account any lease payments 
                paid by the United States Government with respect to 
                the real property between 1942 and 1975.
            (3) Priority of evaluation.--The Commission shall give 
        priority in the order of evaluating claims under this 
        subsection to claims submitted by individuals who owned the 
        real property subject to the claims continuously from 1941 
        until the taking of the real property in 1975.
    (d) Appeal.--
            (1) In general.--An individual submitting a claim under 
        this section may appeal a determination of the Commission under 
        subparagraph (B) or (C) of subsection (c)(1) by submitting a 
        notice of appeal of the determination to the Secretary of 
        Defense. An individual shall submit the appeal not later than 
        30 days after receiving notice of the determination under 
        subparagraph (D) of such subsection.
            (2) Review.--The Secretary shall review each appeal 
        submitted to the Secretary under this subsection. The Secretary 
        shall complete the review not later than 60 days after the date 
        of receiving the appeal.
            (3) Relief.--Subject to paragraph (4), upon completion of 
        the review of an appeal under this subsection, the Secretary 
        shall--
                    (A) uphold the determination of the Commission; or
                    (B) establish an amount that is appropriate to 
                provide full compensation to the individual submitting 
                the appeal for the value of the real property or mining 
                claim, as the case may be, of the individual that was 
                taken by the United States Government.
            (4) Limitation on adjustment of compensation.--The amount 
        of compensation established by the Secretary for a claim on 
        appeal under paragraph (3)(B) may not be less than the amount 
        of compensation determined by the Commission for the claim 
        under subsection (c)(1).
            (5) Notification.--The Secretary shall notify each 
        individual submitting an appeal under this subsection of the 
        decision of the Secretary under paragraph (3).
            (6) Finality of decision.--The decision of the Secretary 
        under paragraph (3) shall not be subject to judicial review.
    (e) Payment of Compensation.--
            (1) Payment.--Subject to paragraph (2), upon upholding the 
        determination of the Commission with respect to a claim under 
        paragraph (3)(A) of subsection (d) or establishing an 
        appropriate amount of compensation with respect to the claim 
        under paragraph (3)(B) of that subsection, the Secretary of 
        Defense shall pay to the individual submitting the claim the 
        amount, if any, that is so upheld or established, as the case 
        may be.
            (2) Payment subject to availability of appropriations.--The 
        Secretary may make payments under this subsection in a fiscal 
        year only to the extent that funds are appropriated for such 
        purpose in advance in an appropriations Act.

 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization for Activities of Commission.--There are 
authorized to be appropriated such sums as may be necessary for the 
payment of the cost of the activities of the White Sands Fair 
Compensation Commission under this Act. Such sums shall be available 
for expenditure until the termination of the Commission under section 
3(i).
    (b) Authorization for Payment of Claims.--There is authorized to be 
appropriated $20,300,000 for the purposes of payment of claims under 
section 4. Such amount shall remain available until expended.
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