[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 701 Introduced in House (IH)]






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``1940 Takings Restoration Act''.

SEC. 2. FINDINGS.

     The Congress makes the following findings:
            (1) In 1940, during a time of national emergency 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 provision of law 
(including the Federal Property and Administrative 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 following 
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 effect in 1940, 
                superior and dominant to the corresponding 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 purposes 
                        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.
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