that upon a finding of abandonment either by Act of Congress or by a court, the lands within the right-of-way pass to adjoining owners, except that lands located within a municipality pass to the municipality. Enactment of H.R. 3818 would validate conveyances to parties who would otherwise be entitled to the lands under the provisions of the 1922 Act and avoid the need for a decree of forfeiture or abandonment by the railroad. Similar legislation was enacted in 1929, 1934, and 1970. BUDGET ACT COMPLIANCE AND INFLATIONARY IMPACT Enactment of this legislation would have no Federal budget impact. Since no Federal expenditures are authorized, the enactment of H.R. 3818 will have no inflationary impact. OVERSIGHT STATEMENT Pursuant to Rule X, clause 2 (b) (1), the Committee on Interior and Insular Affairs has oversight responsibility with respect to legislation of this type; but in this case when the bill becomes law, it will be selfexecuting. No recommendations were submitted to the Committee pursuant to Rule X, clause 2 (b) (2). COMMITTEE RECOMMENDATION The House Committee on Interior and Insular Affairs on September 8, 1976, by voice vote recommended the enactment of H.R. 3818. DEPARTMENTAL REPORT By letter dated August 30, 1976, the Department of the Interior reported that it would not object to enactment of H.R. 3818. The Department reports that the bill meets the criteria it requests for such legislation: (1) That the parts of the right-of-way under construction traverse non-Federal lands; (2) the width of the remaining right-ofway is 50 feet or more; and (3) all oil, coal, and other minerals are reserved to the United States. The report in its entirety is set forth below: U.S. DEPARTMENT OF THE INTERIOR, Hon. JAMES A. HALEY, Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This will respond to your request for the views of this Department on H.R. 3818, a bill "To validate the conveyance of certain land in the State of California by the Southern Pacific Transportation Company." We have no objection to enactment of H.R. 3818. H.R. 3818 would confirm, legalize, and validate the conveyance of certain described tracts of land in San Joaquin County, California, which are part of a 400-foot wide right-of-way granted under the pro H.R. 1544 visions of the Act of July 1, 1862 (12 Stat. 489) to Central Pacific Railway Company, now operating as the Southern Pacific Transportation Company. Under the bill, such conveyance made by the Company would now have the same force and effect as if the land involved thereunder had been held at the time of the conveyance in fee simple title by the Southern Pacific Transportation Company, subject to a reservation to the United States for the minerals therein. Apparently, the railroad conveyed to adjoining landowners, without authority, parts of rights-of-way granted to it by the United States. We have no objection to legislation of this type provided that: (1) the parts of the right-of-way under consideration traverse non-federal lands; (2) the width of the remaining right-of-way is 50-feet or more on each side of the center line of the main tract; and (3) all oil, coal or other minerals are reserved to the United States. According to records in the Bureau of Land Management's California State Office, these criteria are satisfied in the situation addressed by H.R. 3818. Congress, in the Act of May 25, 1920 (43 U.S.C. 913), authorized railroad companies to make conveyances of lands granted to such companies for right-of-ways through public lands for a public highway or street to a State, county, or municipality. A similar provision is also found in Title 23 of the United States Code, Section 316. There is no general authority, however, for the railroad companies to make conveyances of a portion, or all, of the lands, or interest in lands within their rights-of-way. However, the Act of March 8, 1922 (43 U.S.C. 912) provides that upon a finding of abandonment or forfeiture either by Act of Congress, or by a court, the lands within the right-of-way pass to the adjoining landowner, except that lands located in a municipality pass to the municipality. Enactment of H.R. 3818 would validate conveyances already made to the parties listed in the bill and avoid the need for a decree of forfeiture or abandonment by the railroad. Validation of prior conveyances by legislation is contemplated in the 1922 Act. Since H.R. 3818 follows the method for clearing title set forth in the 1922 Act, we have not insisted on payment for the interests of the United States in the right-of-way. In any event, the United States would lose all interest upon forfeiture or abandonment of the right-ofway by a railroad. The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours, JACK HORTON, Assistant Secretary of the Interior. O H.R. 1544 AUTHORIZING THE SECRETARY OF THE INTERIOR TO CONVEY THE INTEREST OF THE UNITED STATES IN CERTAIN LANDS IN ADAMS COUNTY, MISSISSIPPI, NOTWITHSTANDING A LIMITATION IN THE COLOR-OF-TITLE ACT (45 STAT., 1069, AS AMENDED; 43 U.S.C. 1068) SEPTEMBER 14, 1970.-Committeed to the Committee of the Whole House and ordered to be printed Mr. HALEY, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H.R. 12574] The Committee on Interior and Insular Affairs to whom was referred the bill (H.R. 12574) to authorize the Secretary of the Interior to convey the interest of the United States in certain lands in Adams County, Mississippi, notwithstanding a limitation in the Color-ofTitle Act (45 Stat. 1069, as amended; 43 U.S.C. 1068), having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, lines 4 and 5, strike out "43 U.S.C. 1028-1068b)," and insert in lieu thereof "43 U.S.C. 1068–1068b),”. PURPOSE The purpose of H.R. 12547, introduced by Mr. Cochran, is to authorize the Secretary of the Interior to convey the interest of the United States in certain lands in Adams County, Mississippi, to Weathersby Goldbord Carter, Junior, and Richard T. Harriss III, not withstanding the limitations of the Color-of-Title Act (45 Stat. 1069, as amended; 43 U.S.C. 1068). The lands affected are described as section 28, township 5 North, range 2 West of the Washington Meridian, Adams County, Mississippi. EXPLANATION For many years the land in question was presumed to be a confirmed private land claim. However, a study of the plats and other available data does not show any clear corrobation that this private land claim was surveyed as section 28 or that a patent was ever issued there for. The Department of the Interior reported that, because of the age and condition of its records, it is unable to say how the confusion over title arose. Consequently, title is considered to be vested in the United States. The present claimants have expended considerable money on the purchase and improvement of the land, acting in good faith and without actual or record notice of the claim of the United States. The Act of December 22, 1928, commonly known as the Color-ofTitle Act, authorizes the Secretary to issue patents for not to exceed 160 acres where the land has been held in peacefully adverse possession by the claimant, his ancestors or grantors, under claim or color-oftitle for more than twenty years and on which valuable improvements have been placed or on which some part of the land has been reduced to cultivation. The lands covered by the bill contain more than 1,000 acres. The bill would permit the Secretary to process and adjudicate an application for the lands under the Color-of-Title Act, provided the application is filed within one year of the effective date of the Act. There is an existing oil and gas lease covering 980 acres of the land issued by the United States. The lease would not be affected inasmuch as the Color-of-Title Act provides that all minerals must be reserved to the United States in any conveyance issued pursuant to its authority. The Act also requires payment to the United States of not less than $1.25 per acre, the exact amount to be determined by the Secretary after considering the equities. COST AND BUDGET ACT COMPLIANCE Enactment of this legislation, in the opinion of the Committee, would have no Federal budget impact. OVERSIGHT STATEMENT Since the legislation, if enacted, would require the Secretary of the Interior to receive and adjudicate an application under the Color-ofTitle Act, the Committee on Interior and Insular Affairs, pursuant to Rule X, clause 2(b) (1), would have oversight responsibility over any action of the Secretary taken to comply with the mandate of the legis lation. No recommendations were submitted to the Committee pursuant to Rule X, clause 2(b) (2). INFLATIONARY IMPACT Pursuant to Rule XI, clause 2(1) (4) of the House of Representatives, the Committee believes that enactment of H.R. 12574 would have no inflationary impact on the national economy. COMMITTEE RECOMMENDATIONS The House Committee on Interior and Insular Affairs on September 8, 1976, by voice vote, recommended the enactment of H.R. 12574, as amended. H.R. 1545 |