A bill to disclaim any right, title, or interest of the United States in certain lands in the State of California which form a part of the right-of-way granted by the United States to the Southern Pacific Transportation Company, to declare that those lands have been abandoned by the railroad, and for other purposes.
PL 100-693 (H.R.4039), enacted 11/18/1988

PUBLIC LAW 100-693—NOV. 18, 1988 
102 STAT. 4559 
Public Law 100-693 
100th Congress 
An Act 
To declare that certain lands in the State of California which form a part of the right- 
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of'-way granted by the United States to the Central Pacific Railway Company have 
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been abandoned, and for other purposes. 
IH.K. 4Ud9J 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
The Congress finds that— 
(1) Southern Pacific Transportation Company is the successor 
grantee of the real property described in section 3; 
(2) through a petition to the Interstate Commerce Commission 
to be allowed to cease using such property for the provision of 
railroad services, through the removal of tracks, and through 
other actions, the Southern Pacific Transportation Company 
has taken steps to abandon and relinquish the real property 
described in section 3; 
(3) the County of Alameda (a political subdivision of the State 
of California wherein the real property described in section 3 is 
situated) has acted to include such property within its County 
System of Highways; and 
(4) use for public purposes of lands granted for railroad 
rights-of-way, including use of such land for highway, commu-
nications, and other public purposes as well as for public 
recreational trails or other recreational purposes, is in the 
national interest. 
SK(\ 2. DECLARATION OF ABANDONMENT, ETC. 
(a) ABANDONMENT OF RIGHT-OF-WAY.—The Congress hereby 
declares that the Southern Pacific Transportation Company has 
abandoned the real property described in section 3. 
(b) UNITED STATES INTEREST.—(1) Except as otherwise provided in 
this Act, any and all right, title, or interest of the United States in 
the real property described in section 3 shall be retained and 
managed by the Secretary of the Interior for use as a public rec-
reational trail or for other recreational purposes, as well as for such 
other uses as the Secretary may determine to be appropriate pursu-
ant to applicable law, so long as such uses do not preclude trail use. 
(2) Paragraph (1) of this subsection shall not apply to any portion 
of the real property described in section 3 embraced in a public 
highway in a manner meeting the requirements of the Act of 
March 8,1922 (43 U.S.C. 912). 
(3) Section 4 of this Act shall apply to all the real property 
described in section 3, regardless of whether any portion of such 
property may be covered by paragraph (2) of this subsection. 
(c) LIMITATIONS.—(1) Nothing in this Act shall be construed as 
expanding or diminishing any right, title, or interest of any party 
other than the United States in the real property described in 
102 STAT. 4560 
PUBLIC LAW 100-693—NOV. 18, 1988 
section 3 which under applicable law vested in any such party on or 
before the date of enactment of this Act. 
(2) Nothing in this Act shall be construed as requiring or permit-
ting the acquisition by the United States of any right, title, or 
interest in the real property described in section 3 greater than any 
such right, title, or interest of the United States in such real 
property as of the date of enactment of this Act. 
SEC. 3. DESCRIPTION OF PROPERTY. 
(a) IN GENERAL.—The property referred to in sections 1, 2, and 4 is 
certain real property situated in the County of Alameda, State of 
California, forming a part of the right-of-way granted by the United 
States to the Central Pacific Railway Company in the Act entitled 
"An Act to aid in the Construction of a Railroad and Telegraph Line 
from the Missouri River to the Pacific Ocean, and to secure to the 
Government the Use of the same for Postal, Military, and Other 
Purposes", approved July 1, 1862 (12 Stat. 489). 
(b) SPECIFIC DESCRIPTION.—The real property referred to in subsec-
tion (a) involves certain real property situated in the unincorporated 
townships of Murray, Pleasanton, and Washington, and in the 
incorporated area of the cities of Union City and Fremont, and is 
more particularly described as follows: 
(1) PARCEL i.—A strip of land, 400 feet in width, acquired by 
the Central Pacific Railway Company by an Act of Congress 
dated July 1, 1862 (as shown on the map entitled "C.P.RY. Co. 
Oakland to Sacramento Main Line Via Niles and Tracy Map of 
Real Estate and Right of Way Properties through Alameda, 
County, California" dated 1914, in Alameda County Road 
Department Files numbered A 77-32, A 77-33, and A 77-34), 
lying equally 200 feet on each side of the center line more 
particularly described in that certain Quitclaim Deed from the 
Southern Pacific Transportation Company, a Delaware corpora-
tion, to the County of Alameda, dated March 15, 1985, and 
recorded April 23, 1985, as Series No. 85-077990, Official 
Records of Alameda County, California. 
(2) PARCEL 2.—Those strips of land varying in width acquired 
by the Central Pacific Railroad Company by an Act of Congress, 
dated July 1, 1862 (as shown on the map entitled "C.P.RY. Co. 
Oakland to Sacramento Main Line Via Niles and Tracy Map of 
Real Estate and Right of Way Properties through Alameda 
County, California" dated 1914, in Alameda County Road 
Department Files numbered A 77-26, A 77-27, and A 77-28), the 
center line of said strips of land being more particularly de-
scribed in that certain Quitclaim Deed from the Southern 
Pacific Transportation Company, a Delaware corporation, to the 
County of Alameda, dated March 15, 1985, and recorded April 
23, 1985, as Series No. 85-077991, Official Records of Alameda 
County, California. 
(3) PARCEL 3.—Those strips of land varying in width acquired 
b y -
(A) the Central Pacific Railroad Company under the Act 
referred to in subsection (a) (as shown on the map entitled 
"C.P.RY. Co. Oakland to Sacramento Main Line Via Niles 
and Tracy Map of Real Estate and Right of Way Properties 
through Alameda, County, California" dated 1914, in Ala-
meda County Road Department Files numbered A 77-26, 
A 77-27, and A 77-28); 
PUBLIC LAW 100-693—NOV. 18, 1988 
102 STAT. 4561 
(B) the Western Pacific Railroad Company by Order and 
Declaration dated June 22, 1868, concerning the Report of 
Commissioners in the matter of the Western Pacific Rail-
road Company against Matthew W. Dixon, et al., in the 
District Court of the Third Judicial District in and for the 
County of Alameda, State of California, a certified copy of 
the Order recorded September 7, 1869, in Book 43 of Deeds 
at page 262, Records of Alameda County, California; and 
(C) the Western Pacific Railroad Company by deed dated 
April 18, 1870, from Jonas G. Clark, recorded June 14, 1870, 
in Book 55 of Deeds at page 342, Records of Alameda 
County. 
SEC. 4. RESERVATION AND RESTRICTIONS. 
(a) RESERVATION.—Any and all rights of the United States in and 
to all oil, coal, and other minerals in the real property described in 
section 3 shall be retained by and reserved to the United States, 
together with the right to prospect for, mine, and remove such oil, 
coal, and other minerals under applicable law. 
(b) RESTRICTIONS.—Any portion of the real property described in 
section 3 embraced in a public highway in a manner meeting the 
requirements of the Act of March 8, 1922 (43 U.S.C. 912), shall be 
used only for such purposes (including but not limited to public 
recreational purposes) as may be authorized under laws of the State 
of California applicable to property forming part of such public 
highway. In the event that any portion of such real property should 
be used for any other purpose, or in the event that an attempt 
should be made to transfer ownership of any portion of such real 
property to any party other than the State of California or a 
political subdivision thereof, there shall revert to and be vested in 
the United States all the right, title, and interest in such real 
property which the United States possessed on the date of enact-
ment of this Act. 
SEC. 5. MOUNTAIN WARFARE TRAINING CENTER. 
Unless otherwise provided by law, the lands within the Toiyabe 
National Forest, in California, which have been used for purposes of 
the United States Marine Corps Mountain Corps Mountain Warfare 
Training Center, shall be retained as part of such National Forest. 
The Secretary of Agriculture shall continue to make such lands 
available to the United States Marine Corps for purposes of such 
training center, subject to such restrictions as the Secretary of 
Agriculture finds appropriate to protect the natural, environmental. 
Petroleum and 
petroleum 
products. 
Coal. 
Minerals and 
mining. 
Highways. 
Armed Forces. 
National Forest 
System. 
102 STAT. 4562 
PUBLIC LAW 100-693—NOV. 18, 1988 
aesthetic, scientific, cultural, and other resources and values of such 
Recreation. 
lands. So far as possible, consistent with use of such lands by the 
United States Marine Corps for purposes of the Mountain Warfare 
Training Center, the affected lands shall be open to public recre-
ation and other uses. 
Approved November 18, 1988. 
LEGISLATIVE HISTORY—H.R. 4039: 
HOUSE REPORTS: No. 100-941 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 20, considered and passed House. 
Oct. 21, considered and passed Senate. 
o