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[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.

                                  
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