19–007

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 rightof-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 

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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 ComVerDate jul 14 2003 14:05 Sep 04, 2003 Jkt 019007 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR251.XXX HR251
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mittee 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 Rightof-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 

* * * * * * *

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: 

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(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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