[House Report 108-714]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-714
======================================================================
RELEASE OF UNITED STATES INTERESTS IN CERTAIN RAILROAD GRANT LANDS IN
TIPTON, CALIFORNIA
_______
September 30, 2004.--Committed to the Committee of the Whole House on
the State of the Union 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. 4817]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4817) to facilitate the resolution of a minor boundary
encroachment on lands of the Union Pacific Railroad Company in
Tipton, California, which were originally conveyed by the
United States as part of the right-of-way granted for the
construction of transcontinental railroads, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. RELEASE OF UNITED STATES INTERESTS IN CERTAIN RAILROAD GRANT
LANDS IN TIPTON, CALIFORNIA.
(a) Release of Interests.--There is hereby released, without
consideration, all right, title, and interest of the United States in
and to the surface portion of the property located at 615 North Burnett
Road in Tipton, California, which encroaches upon land that, subject to
a reversionary interest, was conveyed by the United States pursuant to
the Act of July 27, 1866 (14 Stat. 292) to facilitate the construction
of transcontinental railroads. The United States retains any subsurface
mineral rights held by the United States as of the date of the
enactment of this Act associated with such land.
(b) Instrument of Release.--The Secretary of the Interior shall
execute and file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the release of
interests made by subsection (a).
PURPOSE OF THE BILL
The purpose of H.R. 4817 is to facilitate the resolution of
a minor boundary encroachment on lands of the Union Pacific
Railroad Company in Tipton, California, which were originally
conveyed by the United States as part of the right-of-way
granted for the construction of transcontinental railroads.
BACKGROUND AND NEED FOR LEGISLATION
The Act of July 27, 1866 (14 Stat. 292) conveyed land from
the United States to railroad companies to help facilitate the
construction of transcontinental railroads. Today, a railroad
right-of-way in Tipton, California, is no longer being used for
its original purpose. Mozzarella Fresca, a cheese manufacturing
company in Tipton, has a plant located along the railroad
right-of-way that it wishes to expand. However, the company
cannot secure a loan for the expansion until a surveying error
during the last century is clarified. The survey shows the
Mozzarella plant extending partially into the Union Pacific
Railroad property.
H.R. 4817 would lift the cloud of title to the right-of-way
by instructing the Secretary of the Interior to execute and
file in the appropriate office a deed of release, amended deed,
or other appropriate instrument to display the release of the
Union Pacific Railroad interests, and thus Mozzarella Fresca
would be able to secure funds from a bank to expand its
facility.
COMMITTEE ACTION
Representative Devin Nunes (R-CA) introduced H.R. 4817 on
July 12, 2004. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On September 14,
2004, the Subcommittee on National Parks, Recreation and Public
Lands held a hearing on the bill. On September 15, 2004, 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. Mr. Nunes offered an amendment in the nature of a
substitute to ensure that the federal ownership of subsurface
mineral interest within the boundary adjustment is retained.
The amendment was adopted by unanimous consent. The bill, as
amended, was then 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 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:
H.R. 4817--A bill to facilitate the resolution of a minor boundary
encroachment on lands of the Union Pacific Railroad Company in
Tipton, California, which were originally conveyed by the
United States as part of the right-of-way granted for the
construction of transcontinental railroads
In 1866, the federal government conveyed to the Union
Pacific Railroad Company a right-of-way through certain land in
California to facilitate the construction of a transcontinental
railroad. That conveyance was subject to the condition that, if
the railroad abandoned its right-of-way, full ownership of the
land would revert to the federal government. Although the
railroad never abandoned the original right-of-way, a small
portion of it lies within the boundaries of land that has been
privately owned for nearly a century. Under H.R. 4817, the
federal government would relinquish its reversionary interest
in the portion of the right-of-way that passes through that
parcel, thereby clearing the private owner's title to the land.
Based on information from the Bureau of Land Management,
CBO estimates that enacting H.R. 4817 would have no impact on
federal spending or revenues. H.R. 4817 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not significantly affect
the budgets of state, local, or tribal governments.
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
If enacted, this bill would make no changes in existing
law.