[House Report 108-251]
[From the U.S. Government Publishing Office]


108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-251

======================================================================



 
        RAILROAD RIGHT-OF-WAY CONVEYANCE VALIDATION ACT OF 2003

                                _______
                                

September 3, 2003.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1658]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1658) to amend the Railroad Right-of-Way Conveyance 
Validation Act to validate additional conveyances of certain 
lands in the State of California that form part of the right-
of-way granted by the United States to facilitate the 
construction of the transcontinental railway, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1658 is to amend the Railroad Right-of-
Way Conveyance Validation Act to validate additional 
conveyances of certain lands in the State of California that 
form part of the right-of-way granted by the United States to 
facilitate the construction of the transcontinental railway.

                  Background and Need for Legislation

    Throughout the western United States, railroads were issued 
rights-of-way by the government during the late 19th century to 
help promote expansion of the United States. In the 1940s and 
1950s, the railroads granted by quitclaim deed portions of 
their rights-of-way in northern California. H.R. 1658 would 
amend the Railroad Right-of-Way Conveyance Validation Act to 
legalize, validate, and confirm, as far as any interest of the 
United States in the affected lands is concerned, two 
additional conveyances in San Joaquin County, California, that 
involve lands forming part of the right-of-way granted by the 
United States to the Central Pacific Railway Company under 
previous law. It would declare valid the conveyances to be 
between the Central Pacific Railway Company and the Southern 
Pacific Transportation Company and the Bank of America, 
recorded September 27, 1945, and between the Central Pacific 
Railway Company and the Southern Pacific Transportation Company 
and the Tri-Valley Packing Association, recorded November 13, 
1957.

                            Committee Action

    H.R. 1658 was introduced on April 7, 2003, by Congressman 
Richard Pombo (R-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation, and Public Lands. On June 24, 2003, 
the Subcommittee held a hearing on the bill. On July 9, 2003, 
the Full Resources Committee met to consider the bill. The 
Subcommittee on National Parks, Recreation, and Public Lands 
was discharged from further consideration of the bill by 
unanimous consent. No amendments were offered and the bill was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8, and Article IV, section 3, of the 
Constitution of the United States grants Congress the authority 
to enact this bill.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 6, 2003.
Hon. Richard Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1658, the Railroad 
Right-of-Way Conveyance Validation Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1658--Railroad Right-of-Way Conveyance Validation Act of 2003

    H.R. 1658 would amend Private Law 103-2 to clarify that the 
federal government has no claim to two parcels of privately 
owned land in California. Those parcels were originally granted 
by the federal government to the Central Pacific Railroad in 
1862 and subsequently conveyed to private landowners. Based on 
information from the Bureau of Land Management, CBO estimates 
that enacting H.R. 1658 would have no impact on federal 
spending or revenues.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

RAILROAD RIGHT-OF-WAY CONVEYANCE VALIDATION ACT

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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) * * *

           *       *       *       *       *       *       *

          (9) The conveyance entered into between the Central 
        Pacific Railway Company and the Southern Pacific 
        Transportation Company and the Bank of America, as 
        trustee of the last will and testament of Aaron 
        Herschel, recorded September 27, 1945, in volume 942 at 
        page 104 of the official records of the county of San 
        Joaquin.
          (10) The conveyance entered into between the Central 
        Pacific Railway Company and the Southern Pacific 
        Transportation Company and the Tri-Valley Packing 
        Association, recorded November 13, 1957, in volume 2016 
        at page 149 of the official records of the county of 
        San Joaquin.

           *       *       *       *       *       *       *


                                  
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