[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5593-H5594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      TULARE YOUTH RECREATION AND WOMEN'S HISTORY ENHANCEMENT ACT

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 805) to authorize the conveyance of and remove the 
reversionary interest of the United States in certain lands in the City 
of Tulare, California.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 805

       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 ``Tulare Youth Recreation and 
     Women's History Enhancement Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The City of Tulare requires clear title to two Parcels 
     of land within the City's business corridor.
       (2) The Parcels are part of a right-of-way granted to the 
     Railroad by the Federal Government by the Act dated July 27, 
     1866.
       (3) The Parcels, which are currently under lease to the 
     City, are currently occupied by an outdoor recreation 
     facility for youth and a historic women's club.
       (4) The City desires to improve and restore these 
     facilities but cannot absent clear title to the Parcels.
       (5) The United States retained a reversionary interest in 
     the Parcels conveyed to the Railroad in 1866 and has not 
     exercised this authority.
       (6) The Union Pacific Railroad desires to sell the Parcels 
     to the City.
       (7) Public Law 105-195 conveyed the reversionary interest 
     to all surrounding Parcels in 1998, which were conveyed by 
     the Union Pacific Railroad to the City.

     SEC. 3. AUTHORIZATION OF CONVEYANCE AND REMOVAL OF 
                   REVERSIONARY INTEREST.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the City of Tulare, 
     California.
       (2) Map.--The term ``Map'' means the map entitled ``Tulare 
     Railroad Parcels Proposed to be Acquired'', dated April 30, 
     2015.
       (3) Parcels.--The term ``Parcels'' means the land 
     identified as ``Tulare Railroad Proposed Parcels'' on the 
     Map.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Railroad.--The term ``Railroad'' means the Union 
     Pacific Railroad.
       (b) Reversionary Interest Extinguished.--
       (1) In general.--To promote recreational opportunities for 
     youth and commemorate women's history in the City, the United 
     States authorizes the conveyance of and relinquishes its 
     reversionary interest in the Parcels retained under the Act 
     of July 27, 1866 (14 Stat. 292, chapter 278).
       (2) Required documentation.--The relinquishment of the 
     reversionary interest under paragraph (1) shall be executed 
     by the Secretary in an instrument that--
       (A) is suitable for recording in the records of Tulare 
     County, California; and
       (B) references this Act and any prior instruments relating 
     to the United States interest in the Parcels.
       (3) Costs.--Any costs associated with the required 
     documentation under paragraph (2) shall be paid by the City.
       (4) Condition.--The relinquishment of the reversionary 
     interest under paragraph (1) shall be effective on the date 
     that the Railroad conveys the Parcels to the City.
       (c) Map on File.--The Map shall be kept on file and 
     available for public inspection in the appropriate offices of 
     the Bureau of Land Management.
       (d) Preservation of Existing Rights of Access.--Nothing in 
     this Act shall impair any existing rights of access in favor 
     of the public or any owner of adjacent lands over, under or 
     across the Parcels.
       (e) Surface Entry.--The Parcels shall be subject to the 
     same conditions as those parcels affected by Public Law 105-
     195 regarding rights of surface entry.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from Maryland (Mr. Brown) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume 
to the gentleman from California (Mr. Nunes), the sponsor of this bill.
  Mr. NUNES. Mr. Speaker, I want to thank the chairman and the ranking 
member for allowing this bill to come up today.
  I rise in support of H.R. 805, the Tulare Youth Recreation and 
Women's History Enhancement Act.
  This bill simply removes a Federal revisionary interest in two 
parcels of land in my hometown of Tulare, California, and offers their 
conveyance to the city.
  This would allow the city to purchase this land from the Union 
Pacific Railroad, which received the land from the Federal Government 
by right-of-way in the 19th century. One parcel has long been home to a 
historic Women's Club House which has served as an important community 
center for more than 100 years.
  The Women's Club House is in need of critical repairs, but the city 
of Tulare has been reluctant to make repairs without clear title to the 
land. If this bill were enacted, the city would be making needed 
repairs to this historical landmark, preserving it for generations to 
come.
  The second parcel of land is home to the Rotary Skate Park, which is 
a recreational park used by young and old residents alike. Both of 
these community locations are extremely important to the people of the 
San Joaquin Valley, and this bill will ensure their continued use for 
many years to come.
  I want to thank, again, the chair and ranking member for their 
support, and urge my colleagues to support this bill.
  Mr. BROWN of Maryland. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 805, releases the reversionary interests on two 
parcels of land in Tulare County in California. These parcels are 
currently leased from the Union Pacific Railroad and contain a skate 
park and historic women's club, owned and operated by the city.
  City officials want to make improvements to both facilities, but are 
unable to secure financing without clean and free titles to the 
property.
  In the 19th century, Congress granted the land to Southern Pacific 
Railroad, the predecessor of Union Pacific, for use as a railroad 
right-of-way. Congress subsequently authorized the railroad to lease 
the land to Tulare for other public purposes. However, the land remains 
encumbered with a reversionary interest.
  Congress passed a law in 1998 that released the reversionary interest 
on 12 parcels in Tulare. H.R. 805 deals with two additional parcels, 
allowing Union Pacific to sell the land to Tulare and clear the way for 
planned improvements.
  The 1998 law was the first time Congress authorized the release of a 
reversionary interest for redevelopment purposes. At the time, the 
railroad had already sold the land at Tulare, even though it belonged 
to taxpayers, and Congress had to intervene to remedy the situation. 
Unlike the situation in 1998, the two parcels affected by this bill 
have not been sold and under normal circumstances, the Federal 
Government--not Union Pacific--should receive payment for the parcels 
if they are no longer used as originally intended by Congress.
  However, the history of congressional involvement in Tulare justifies 
an exception to this standard. Due to the circumstances, I am happy to 
support this bill and I urge my colleagues to support its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  This is not a significant bill. We are talking about a couple of 
acres of property that used to be owned by the Federal Government that 
had no purpose and use for it. So they gave it up. But instead, 
Congress decided to include a reversionary clause with this stuff so 
that if they ever wanted to do something different with these 2 acres 
of property, they would have to come crawling back to us to ask for our 
permission to do it, which is silly.
  It is ridiculous that we have to go through this process time, after 
time, after time. The Federal Government didn't need this land 
originally. They still don't need it, but they still have that 
particular clause attached to it.
  This land needs to be given over to the city who uses it so they can 
make improvements on facilities that have been used since the 1800s. 
And that we

[[Page H5594]]

have to go through an actual law to do this, is a silly practice that 
we maintain here in Congress. It should not be done. This is a perfect 
example of why the reversionary clause is no longer needed.
  If you really care about people, put a clause in there that says that 
if they want to change the practice, it has to be for the public 
interest and the public good. That would be logical. But what we have 
to do now is illogical in doing this particular bill. It needs to be 
done. It has to be done for the people who live there and for these 
properties, but it is silly that we have to go through this process.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Maryland. Mr. Speaker, I agree. I think no Member of 
Congress enjoys an unnecessary crawl back, but I think the majority of 
the Members of Congress recognize our duty to protect the public 
interest.
  We resoundingly support what is a very, very good bill. Mr. Speaker, 
I yield back the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I urge my colleagues to adopt this 
bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Bishop) that the House suspend the rules and 
pass the bill, H.R. 805.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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