Page:United States Statutes at Large Volume 102 Part 5.djvu/553

 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 rightof'-way granted by the United States to the Central Pacific Railway Company have been abandoned, and for other purposes.

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, communications, 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 recreational trail or for other recreational purposes, as well as for such other uses as the Secretary may determine to be appropriate pursuant 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

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