[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1183 Reported in House (RH)]

                                                 Private Calendar No. 1

103d CONGRESS

  1st Session

                               H. R. 1183

                          [Report No. 103-143]

_______________________________________________________________________

                                 A BILL

  To validate conveyances of certain lands in the State of California 
that form part of the right-of-way granted by the United States to the 
                    Central Pacific Railway Company.

_______________________________________________________________________

                             June 21, 1993

Reported with amendments, committed to the Committee of the Whole House 
                       and ordered to be printed





                                                 Private Calendar No. 1
103d CONGRESS
  1st Session
                                H. R. 1183

                          [Report No. 103-143]

  To validate conveyances of certain lands in the State of California 
that form part of the right-of-way granted by the United States to the 
                    Central Pacific Railway Company.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 1993

Mr. Doolittle introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                             June 21, 1993

Reported with amendments, committed to the Committee of the Whole House 
                       and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To validate conveyances of certain lands in the State of California 
that form part of the right-of-way granted by the United States to the 
                    Central Pacific Railway Company.

    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 ``Railroad Right-of-Way Conveyance 
Validation Act''.

SEC. 2. VALIDATION OF CONVEYANCES.

    Except as provided in section 5, the conveyances described in 
section 3 (involving certain lands in Nevada County, State of 
California) and section 4 (involving certain lands in San Joaquin 
County, State of California) concerning lands that form parts of the 
right-of-way granted by the United States to the Central Pacific 
Railway Company in the Act entitled ``An Act to aid in the Construction 
of a Railroad and Telegraph Line from the Missouri River to the Pacific 
Ocean, and to secure to the Government the Use of the same for Postal, 
Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), 
hereby are legalized, validated, and confirmed, as far as any interest 
of the United States in such lands is concerned, with the same force 
and effect as if the land involved in each such conveyance had been 
held, on the date of such conveyance, under absolute fee simple title 
by the grantor of such land.

SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA.

    The conveyances of land in Nevada County, State of California, 
referred to in section 2 are as follows:
            (1) The conveyances entered into between the Southern 
        Pacific Transportation Company, grantor, and David G. `Otis' 
        Kantz and Virginia Thomas Bills Kantz, husband and wife, as 
        joint tenants, grantees, recorded June 10, 1987, as instrument 
        number 87-15995 in the official records of the county of 
        Nevada.
            (2) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Antone Silva and 
        Martha E. Silva, his wife, grantees, recorded June 10, 1987, as 
        instrument number 87-15996 in the official records of the 
        county of Nevada.
            (3) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Charlie D. 
        Roeschen and Renee Roeschen, husband and wife as joint tenants, 
        grantees, recorded June 10, 1987, as instrument number 87-15997 
        in the official records of the county of Nevada.
            (4) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Manuel F. Nevarez 
        and Margarita Nevarez, his wife, as joint tenants, grantees, 
        recorded June 10, 1987, as instrument number 87-15998 in the 
        official records of the county of Nevada.
            (5) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Susan P. Summers, 
        grantee, recorded June 10, 1987, as instrument number 87-15999 
        in the official records of the county of Nevada.
            (6) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and James L. Porter, a 
        single man, as his sole and separate property, grantee, 
        recorded June 10, 1987, as instrument number 87-16000 in the 
        official records of the county of Nevada.
            (7) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Robert L. Helin, a 
        single man, grantee, recorded June 10, 1987, as instrument 
        number 87-16001 in the official records of the county of 
        Nevada.
            (8) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Thomas S. Archer 
        and Laura J. Archer, husband and wife, as joint tenants, 
        grantees, recorded June 10, 1987, as instrument number 87-16002 
        in the official records of the county of Nevada.
            (9) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Wallace L. 
        Stevens, a single man, grantee, recorded June 10, 1987, as 
        instrument number 87-16003 in the official records of the 
        county of Nevada.
            (10) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Sierra Pacific 
        Power Company, grantees, recorded June 10, 1987, as instrument 
        number 87-16004 in the official records of the county of 
        Nevada.
            (11) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Truckee Public 
        Utility District, grantees, recorded June 10, 1987, as 
        instrument number 87-16005 in the official records of the 
        county of Nevada.
            (12) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Dwayne W. Haddock 
        and Bertha M. Haddock, his wife as joint tenants, grantees, 
        recorded June 10, 1987, as instrument number 87-16006 in the 
        official records of the county of Nevada.
            (13) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and William C. Thorn, 
        grantee, recorded June 10, 1987, as instrument number 87-16007 
        in the official records of the county of Nevada.
            (14) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Jose Guadelupe 
        Lopez, grantees, recorded June 10, 1987, as instrument number 
        87-16008 in the official records of the county of Nevada.
            (15) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Harold O. Dixon, 
        an unmarried man, as to an undivided half interest, and Pedro 
        Lopez, a married man, as to an undivided half interest, as 
        joint tenants, grantees, recorded June 10, 1987, as instrument 
        number 87-16009 in the official records of the county of 
        Nevada.
            (16) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Robert E. Sutton 
        and Patricia S. Sutton, husband and wife, as joint tenants, 
        grantees, recorded June 10, 1987, as instrument number 87-16010 
        in the official records of the county of Nevada.
            (17) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Angelo C. Besio 
        and Eva G. Besio, his wife, grantees, recorded June 10, 1987, 
        as instrument number 87-16011 in the official records of the 
        county of Nevada.
            (18) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Lawrence P. Young 
        and Mary K. Young, husband and wife, as joint tenants, 
        grantees, recorded June 10, 1987, as instrument number 87-16012 
        in the official records of the county of Nevada.
            (19) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and the estate of 
        Charles Clyde Cozzaglio, grantee, recorded June 10, 1987, as 
        instrument number 87-16013 in the official records of the 
        county of Nevada.
            (20) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Noel T. 
        Hargreaves, an unmarried woman, as her sole and separate 
        property, grantee, recorded June 10, 1987, as instrument number 
        87-16014 in the official records of the county of Nevada.
            (21) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Athleisure 
        Enterprises, Incorporated, a Nevada corporation, grantees, 
        recorded January 24, 1989, as instrument number 89-01803 in the 
        official records of the county of Nevada.
            (22) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Richard Bwarie, a 
        single man as to an undivided one-half interest, and Roger S. 
        Gannam and Lucille Gannam, husband and wife, as joint tenants, 
        as to an undivided one-half interest, grantees, recorded 
        January 24, 1989, as instrument number 89-01804 in the official 
        records of the county of Nevada.
            (23) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and William Campbell 
        and Juanita R. Campbell, his wife as joint tenants, grantees, 
        recorded January 24, 1989, as instrument number 89-01805 in the 
        official records of the county of Nevada.
            (24) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and William E. Cannon 
        and Lynn M. Cannon, husband and wife, as joint tenants as to an 
        undivided one-half interest, and Brent Collinson and Dianne 
        Collinson, husband and wife, as joint tenants, as to an 
        undivided one-half interest, grantees, recorded January 24, 
        1989, as instrument number 89-01806 in the official records of 
        the county of Nevada.
            (25) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Christopher G. 
        Eaton and Bernadette M. Eaton, husband and wife as community 
        property, grantees, recorded January 24, 1989, as instrument 
        number 89-01807 in the official records of the county of 
        Nevada.
            (26) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Christopher G. 
        Eaton grantee, recorded January 24, 1989, as instrument number 
        89-01808 in the official records of the county of Nevada.
            (27) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Valeria M. Kelly, 
        an unmarried woman, grantee, recorded January 24, 1989, as 
        instrument number 89-01809 in the official records of the 
        county of Nevada.
            (28) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and William J. Kuttel 
        and Delia Rey Kuttel, husband and wife, grantees, recorded 
        January 24, 1989, as instrument number 89-01810 in the official 
        records of the county of Nevada.
            (29) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Thomas A. Lippert 
        and Laurel A. Lippert, husband and wife, grantees, recorded 
        January 24, 1989, as instrument number 89-01811 in the official 
        records of the county of Nevada.
            (30) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Fred J. Mahler, a 
        single man, grantee, recorded January 24, 1989, as instrument 
        number 89-01812 in the official records of the county of 
        Nevada.
            (31) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Francis Doyle 
        McGwinn also known as Doyle F. McGwinn, a widower, grantee, 
        recorded January 24, 1989, as instrument number 89-01813 in the 
        official records of the county of Nevada.
            (32) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and James D. Ritchie 
        and Susan Ritchie, husband and wife, as joint tenants, 
        grantees, recorded January 24, 1989, as instrument number 89-
        01814 in the official records of the county of Nevada.
            (33) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and William R. Smith 
        and Joan M. Smith, his wife, as joint tenants, grantees, 
        recorded January 24, 1989, as instrument number 89-01815 in the 
        official records of the county of Nevada.
            (34) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Anthony J. Stile 
        and Laura A. Stile, husband and wife, as joint tenants, 
        grantees, recorded January 24, 1989, as instrument number 89-
        01816 in the official records of the county of Nevada.
            (35) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Thomas R. Stokes, 
        a single man, and Carla J. Stewart, a single woman, as joint 
        tenants, grantees, recorded January 24, 1989, as instrument 
        number 89-01817 in the official records of the county of 
        Nevada.
            (36) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Tom's Television 
        System, Incorporated, a California Corporation, grantees, 
        recorded January 24, 1989, as instrument number 89-01818 in the 
        official records of the county of Nevada.
            (37) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Tom's Television 
        System, Incorporated, a California corporation, grantees, 
        recorded January 24, 1989, as instrument number 89-01819 in the 
        official records of the county of Nevada.
            (38) The conveyances entered into between the Southern 
        Pacific Transportation Company, grantor, and Harry M. Welch and 
        Betty R. Welch, his wife, as joint tenants, grantees, recorded 
        January 24, 1989, as instrument number 89-01820 in the official 
        records of the county of Nevada.
            (39) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Harry Fariel and 
        Joan Fariel, husband and wife, as joint tenants, grantees, 
        recorded February 2, 1989, as instrument number 89-02748 in the 
        official records of the county of Nevada.
            (40) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Edward Candler and 
        May Candler, husband and wife as community property, as to an 
        undivided two-thirds interest; and Harry Fariel and Joan 
        Fariel, husband and wife, as joint tenants, as to an undivided 
        one-third interest, grantees, recorded February 2, 1989, as 
        instrument number 89-02749 in the official records of the 
        county of Nevada.
            (41) The conveyance entered into between the Central 
        Pacific Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, 
        grantees, recorded April 7, 1894, in Book 79 of Deeds at page 
        679, official records of the county of Nevada.
            (42) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and John David Gay and 
        Elizabeth Jean Gay, as Trustees of the David and Elizabeth Gay 
        Trust, grantees, recorded October 3, 1991, as instrument number 
        91-30654 of the official records of the county of Nevada.

SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA.

    The conveyances of land in San Joaquin County, State of California, 
referred to in section 2 are as follows:
            (1) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Ronald M. 
        Lauchland and Lillian R. Lauchland, grantees, recorded October 
        1, 1985, as instrument number 85066621 in the official records 
        of the county of San Joaquin.
            (2) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Bradford A. Lange 
        and Susan J. Lange, his wife, as to an undivided one-half, and 
        Randall W. Lange and Charlene J. Lange, his wife, as to an 
        undivided one-half interest, grantees, recorded October 1, 
        1985, as instrument number 85066623 in the official records of 
        the county of San Joaquin.
            (3) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Leo G. Lewis and 
        Vasiliki L. Lewis, and Billy G. Lewis and Dimetria Lewis, 
        grantees, recorded October 1, 1985, as instrument number 
        85066625 in the official records of the county of San Joaquin.
            (4) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Louis J. Bennett, 
        grantees, recorded October 1, 1985, as instrument number 
        85066627 in the official records of the county of San Joaquin.
            (5) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Joe Alves Correia 
        and Leontina Correia, his wife, grantees, recorded September 1, 
        1970, instrument number 33915, in book 3428, page 461, of the 
        official records of the county of San Joaquin.
            (6) The conveyance entered into between the Southern 
        Pacific Transportation Company, grantor, and Willard H. Fike, 
        Jr., and Dorla E. Fike, his wife, grantees, recorded January 7, 
        1988, instrument number 88001473 of the official records of the 
        county of San Joaquin.
            (7) The conveyance entered into between Central Pacific 
        Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, 
        Grantees, dated May 31, 1949, recorded June 14, 1949, in volume 
        1179 at page 394 of the official records of the county of San 
        Joaquin.
            (8) The conveyance entered into between the Central Pacific 
        Railway Company, a corporation, and its Lessee, Southern 
        Pacific Company, a corporation, Grantor, and Lodi Winery, 
        Incorporated, Grantee, dated August 2, 1938, recorded May 23, 
        1940, in volume 692, page 249, of the official records of the 
        county of San Joaquin.

SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.

    -N-o-t-h-i-n-g (a) Scope.--Nothing in this Act shall be construed 
to--
            (1) diminish the right-of-way referred to in section 2 to a 
        width of less than fifty feet on each side of the center of the 
        main track or tracks maintained by the Southern Pacific 
        Transportation Company on the date of enactment of this Act;
            (2) legalize, validate, or confirm, with respect to any 
        land that is the subject of a conveyance referred to in section 
        3 or 4, any right or title to, or interest in, such land 
        arising out of adverse possession, prescription, or 
        abandonment, and not confirmed by such conveyance; or
            -(-3-) -d-i-m-i-n-i-s-h -a-n-y -o-f -t-h-e -r-i-g-h-t-, 
        -t-i-t-l-e-, -o-r -i-n-t-e-r-e-s-t -o-f -t-h-e -U-n-i-t-e-d 
        -S-t-a-t-e-s -w-i-t-h -r-e-s-p-e-c-t -t-o -o-i-l-, -g-a-s-, 
        -a-n-d -o-t-h-e-r -m-i-n-e-r-a-l-s-, -o-r -w-i-t-h 
        -r-e-s-p-e-c-t -t-o -p-r-o-s-p-e-c-t-i-n-g -f-o-r -o-r 
        -m-i-n-i-n-g -o-r -r-e-m-o-v-a-l -t-h-e-r-e-o-f-, -i-n -a-n-y 
        -o-f -t-h-e -l-a-n-d-s -t-h-a-t -a-r-e -t-h-e -s-u-b-j-e-c-t 
        -o-f -a -c-o-n-v-e-y-a-n-c-e -r-e-f-e-r-r-e-d -t-o -i-n 
        -s-e-c-t-i-o-n -3 -o-r -4-.
    (b) Minerals.--(1) The United States hereby reserves any federally-
owned minerals that may exist in land that is conveyed pursuant to 
section 2 of this Act, including the right of the United States, its 
assignees or lessees, to enter upon and utilize as much of the surface 
of said land as is necessary to remove minerals under the laws of the 
United States.
    (2) Any and all minerals reserved by paragraph (1) are hereby 
withdrawn from all forms of entry, appropriation, and patent under the 
mining, mineral leasing, and geothermal leasing laws of the United 
States.