I 

109TH CONGRESS 

1ST SESSION H. R. 3447 

To provide a means of resolving claims regarding the continued existence 

of rights-of-way under former section 2477 of the Revised Statutes, 

for the benefit of private landowners, State and local governments, and 

the public. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2005 

Mr. UDALL of Colorado introduced the following bill; which was referred to 

the Committee on Resources 

A BILL 

To provide a means of resolving claims regarding the continued existence of rights-of-way under former section 2477 

of the Revised Statutes, for the benefit of private landowners, State and local governments, and the public. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Highway Claims Resolution Act of 2005’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) In 1866, to assist in the opening of the 

8 West for resource development and settlement, Con-
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1 gress enacted a law that granted rights-of-way for 

2 the construction of highways across public land not 

3 reserved for public uses. That law was later included 

4 in the Revised Statutes as section 2477 and thus be5 came popularly known as R.S. 2477. 

6 (2) Section 706 of the Federal Land Policy and 

7 Management Act of 1976 repealed R.S. 2477, but 

8 did not terminate valid rights-of-way existing on the 

9 date of the enactment of the Act. 

10 (3) Between 1866 and 1976, millions of acres 

11 of Federal lands were transferred to private parties 

12 under the Homestead Act and other laws, while ad13 ditional millions of acres of Federal lands were 

14 transferred to States and other parties. 

15 (4) R.S. 2477 did not require notifying the 

16 Federal Government or any other entity regarding 

17 utilization of specific grants of highway rights-of18 way or documentation in the public land records re19 garding claims for such grants. 

20 (5) Therefore, the number and location of 

21 claimed highway rights-of-way under R.S. 2477 are 

22 unknown. However, it is estimated that potential 

23 claims for such rights-of-way could involve thou24 sands of square miles, including lands now owned by 

25 private parties, States, and other non-Federal enti-
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1 ties as well as large amounts of Federal lands, in2 cluding lands now used for military training and 

3 testing and other national defense purposes as well 

4 as lands that have been included in the National 

5 Forest System, National Park System, National 

6 Wildlife Refuge System, and National Wilderness 

7 Preservation System. 

8 (6) In recent years, controversies have arisen as 

9 to whether certain claimed routes are valid highway 

10 rights-of-way under R.S. 2477. This causes uncer11 tainty both for parties claiming to possess a prop12 erty interest in such routes and for the owners and 

13 managers of the lands affected by such claimed 

14 routes. 

15 (7) Controversies related to claims under R.S. 

16 2477 have been exacerbated by the absence of uni17 form Federal standards for review of such claims 

18 and by court decisions that have failed to provide 

19 consistent guidance. To address these problems, in 

20 1992, Congress directed the Secretary of the Inte21 rior to study the history, impacts, and status of R.S. 

22 2477 rights-of-way, study alternatives to such 

23 rights-of-way, and make recommendations for as24 sessing claims for such rights-of-way. 
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1 (8) Pursuant to this directive, officials of the 

2 Department of the Interior consulted with interested 

3 parties in the public land States and held public 

4 hearings in Alaska, California, Idaho, Oregon, Mon5 tana, Nevada, and Utah. In addition, the Depart6 ment received and reviewed more than 4,000 pages 

7 of written comments. 

8 (9) In June 1993, the Department of the Inte9 rior released the report of the results of its study to 

10 Congress. The report highlighted the need for a 

11 process whereby validly accepted rights-of-way could 

12 be recognized and administered consistently and 

13 fairly and recommended establishment of a uniform 

14 administrative procedure and standards for deter15 mining within a specified period which claimed 

16 rights-of-way were validly accepted under the R.S. 

17 2477 grant from the Federal Government. 

18 (10) It is in the interest of all who might be af19 fected, including private landowners, State and local 

20 governments, and the public to provide consistent, 

21 coherent guidance regarding evaluation and timely 

22 resolution of claims for rights-of-way based on R.S. 

23 2477. 

24 (c) PURPOSE.—The purpose of this Act is to provide 

25 certainty to affected private landowners, State and local 
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1 governments, and the public by establishing a deadline for 

2 filing of claims for highway rights-of-way under R.S. 2477 

3 and providing a process for consideration and resolution 

4 of such claims. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) The term ‘‘appropriate Federal agency’’ 

8 means any Federal agency having management ju9 risdiction over lands owned or controlled by the 

10 United States upon which a R.S. 2477 right-of-way 

11 is claimed to exist. 

12 (2) The term ‘‘authorized officer’’ means the a 

13 person designated by the Secretary of the Interior to 

14 perform the duties of an authorized officer pursuant 

15 to this Act with respect to a claim. If a claim in16 volves Federal lands under the management jurisdic17 tion of a Department or Departments other than the 

18 Department of the Interior, the Secretary shall con19 sult with and obtain the concurrence of the head of 

20 each such other Department with respect to the ap21 pointment of the authorized officer. 

22 (3) The term ‘‘claim’’ means the appropriate 

23 documentation filed under section 3 asserting the ex24 istence of, and a property interest in, a right-of-way 

25 pursuant to R.S. 2477. 
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1 (4) The term ‘‘claimant’’ means any State, po2 litical subdivision of a State, or any other person or 

3 entity asserting the existence and validity of a right4 of-way pursuant to R.S. 2477, except a person or 

5 entity who, as of the date of enactment of this Act, 

6 was barred from bringing a civil action against the 

7 United States under section 2409a of title 28, 

8 United States Code, to adjudicate the title to the 

9 relevant lands. 

10 (5) The term ‘‘conservation lands’’ means lands 

11 that are within a conservation system unit, an inven12 toried roadless area, a wilderness inventory area, or 

13 a wilderness study area. 

14 (6) The term ‘‘conservation system unit’’ 

15 means— 

16 (A) a unit of the National Park System; 

17 (B) a unit of the National Wildlife Refuge 

18 System; 

19 (C) a component of the National Wild and 

20 Scenic Rivers System; 

21 (D) a component of the National Trails 

22 System; 

23 (E) a component of the National Wilder24 ness Preservation System; 

25 (F) a National Monument; or 
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1 (G) any part of the National Landscape 

2 Conservation System. 

3 (7) The term ‘‘construction’’ means an inten4 tional physical act, or series of intentional physical 

5 acts, using mechanical tools, intended to prepare, 

6 and that accomplished preparation of, a highway by 

7 a durable, observable, physical modification of land 

8 to facilitate its use as a highway. 

9 (8) The term ‘‘county’’ means the primary po10 litical subdivision of a State, including a borough in 

11 Alaska and a parish in Louisiana. 

12 (9) The term ‘‘former Federal lands’’ means 

13 lands title to which has passed from the United 

14 States to another owner. 

15 (10) The term ‘‘highway’’ means a significant 

16 thoroughfare along a specific identified route that, 

17 prior to the latest available date, was used by the 

18 public, without discrimination against any individual 

19 or group, for the passage of vehicles carrying people 

20 or goods from one place to another place. 

21 (11) The term ‘‘inventoried roadless area’’ 

22 means one of the areas identified in the set of inven23 toried roadless areas maps contained in the Forest 

24 Service Roadless Areas Conservation, Final Environ-
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1 mental Impact Statement, Volume 2, dated Novem2 ber 2000. 

3 (12) The term ‘‘latest available date’’ means 

4 the latest date on which a right-of-way pursuant to 

5 R.S. 2477 could have been acquired, which shall be 

6 prior to— 

7 (A) October 21, 1976, in the case of lands 

8 that were unreserved public lands as of that 

9 date; or 

10 (B) the date the public lands were reserved 

11 for public uses (such as date of withdrawal 

12 from entry or designation of public use by stat13 ute, Presidential proclamation or Executive 

14 order, Secretarial order, or administrative deci15 sion) in the case of public lands reserved for 

16 public uses before October 21, 1976. 

17 (C) the date on which title vested in a per18 son or entity other than the United States in 

19 the case of former Federal lands. 

20 (13) The term ‘‘Native Corporation’’ has the 

21 same meaning as specified in section 3 of the Alas22 kan Native Claims Settlement Act (43 U.S.C. 1602). 

23 (14) The terms ‘‘public lands not reserved for 

24 public uses’’ and ‘‘unreserved public lands’’ mean 

25 lands owned by the United States that were avail-
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1 able and open to the public under various public 

2 land laws that provided for disposition to the public, 

3 including lands that had not yet been set aside, dedi4 cated, withdrawn, reserved, settled, preempted, en5 tered, appropriated, or disposed of, or on which 

6 claims had not been located. 

7 (15) The term ‘‘R.S. 2477’’ means section 2477 

8 of the Revised Statutes, which was codified as sec9 tion 932 of title 43, United States Code, prior to its 

10 repeal by section 706 of the Federal Land Policy 

11 and Management Act of 1976 (Public Law 94–579; 

12 90 Stat. 2793). 

13 (16) The term ‘‘survey’’ means the identifica14 tion of a highway using methods consistent with 

15 State and Federal cadastral survey standards, where 

16 Federal Geographic Data Committee metadata 

17 standards are used to document the accuracy of the 

18 determined location of the highway and width so 

19 that said determined location of the highway will not 

20 be inappropriately used for cadastral surveying pur21 poses. 

22 (17) The term ‘‘wilderness inventory area’’ 

23 means an area of public lands determined by the 

24 Bureau of Land Management to be an area pos25 sessing wilderness character or wilderness character-
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1 istics through inventories conducted pursuant to sec2 tion 201 of the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1702). 

4 (18) The term ‘‘wilderness study area’’ means 

5 Federal land identified as having wilderness charac6 teristics in a land and resources management plan 

7 for a unit of the National Forest System or public 

8 lands being managed pursuant to the Federal Land 

9 Policy and Management Act of 1976 (43 U.S.C. 

10 1701 et seq.) so as not to impair their suitability for 

11 preservation as wilderness through inclusion in the 

12 National Wilderness Preservation System. 

13 SEC. 3. FILING OF A NOTICE OF CLAIM. 

14 (a) OPPORTUNITY TO FILE NOTICE OF A CLAIM.— 

15 During the 4-year period beginning on the date of the en16 actment of this Act, a claimant asserting the existence and 

17 validity of a right-of-way pursuant to R.S. 2477 across 

18 lands owned or controlled by the United States or former 

19 Federal lands may file a notice of a claim to that effect 

20 pursuant to this section. 

21 (b) CONTENTS OF A NOTICE OF A CLAIM.—A notice 

22 of a claim filed under subsection (a) shall state the name 

23 and address of the claimant, provide a general description 

24 and general map of the location of the claimed R.S. 2477 

25 right-of-way, and identify the county or counties in which 
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1 the right-of-way is claimed. A notice of claim filed under 

2 subsection (a) involving former Federal lands shall include 

3 the names of the owners of record of such lands. 

4 (c) PLACE OF FILING.— 

5 (1) INTERIOR DEPARTMENT.—A claimant may 

6 file the notice of a claim either in the office of the 

7 Secretary of the Interior in Washington, DC, or in 

8 an office designated by the Secretary of the Interior 

9 pursuant to paragraph (2) in each State where lands 

10 are located upon which the R.S. 2477 right-of-way 

11 is claimed to exist. 

12 (2) STATE OFFICES.—No later than 30 days 

13 after the date of enactment of this Act, the Sec14 retary of the Interior shall identify offices where no15 tices of claims may be filed in Alaska, Arizona, Cali16 fornia, Colorado, Idaho, Montana, Nevada, New 

17 Mexico, Oregon, Utah, Washington, and Wyoming 

18 and in addition may identify such offices in such 

19 other States as the Secretary considers appropriate. 

20 (3) OTHER FEDERAL DEPARTMENTS.—If a no21 tice filed pursuant to this section involves lands 

22 owned by the United States, the Secretary of the In23 terior shall provide a copy of each notice to the head 

24 of each Federal agency responsible for control or 

25 management of such lands and, in the case of a no-
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1 tice involving lands controlled by the Department of 

2 Defense, also to the commanding officer of the mili3 tary installation having real property accountability 

4 for such lands. 

5 (4) FORMER FEDERAL LANDS.—In the case of 

6 a claim involving former Federal lands, the claimant 

7 shall provide to the current owner of record of the 

8 lands a copy of the notice of the claim as filed pur9 suant to this section. 

10 (5) COUNTY FILING.—A claimant shall provide 

11 a copy of the notice of a claim or claims to the coun12 ty or counties where any portion of the claimed 

13 right-of-way is purported to exist. 

14 (6) AUTHORIZED OFFICER.—No later than 30 

15 days after receipt from a claimant of a notice filed 

16 pursuant to this section, the Secretary of the Inte17 rior shall notify the claimant regarding the identity 

18 of the authorized officer who will be responsible for 

19 the claim. 

20 (d) PUBLICATION OF FILING.—The authorized offi21 cer shall regularly post the filings of notices of claims on 

22 the authorized officer’s agency Web site, shall publish in 

23 the Federal Register a monthly list of the notices of claims 

24 filed by State, shall monthly provide relevant counties a 

25 list of the notices of claims filed within those counties, and 
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1 shall monthly publish a list of the notices of claims in a 

2 newspaper of general distribution in the vicinity of such 

3 claims. To the extent practicable, the authorized officer 

4 shall also seek to specifically notify the current owners of 

5 former Federal lands concerning claims affecting such 

6 lands.’’ 

7 (e) EFFECT OF FAILURE TO MEET NOTICE OF A

8 CLAIM FILING DEADLINE.— 

9 (1) DEEMED RELINQUISHMENT OF RIGHTS.— 

10 The failure of a claimant to timely file a notice of 

11 a claim pursuant to this section shall be deemed to 

12 constitute a relinquishment of any rights purported 

13 to have been acquired under R.S. 2477 related to 

14 that claim. 

15 (2) REVIEW.—A deeming of a relinquishment 

16 pursuant to paragraph (1) shall be subject to review 

17 in the United States District Court for the District 

18 of Columbia or the United States District Court in 

19 the district within which the longest lineal portion of 

20 an affected claim lies. Any action initiated in district 

21 court pursuant to this paragraph shall be filed not 

22 later than the date that is 7 years after the date of 

23 enactment of this Act. 

24 (f) EXEMPTION.—This section shall not apply with 

25 respect to any claim or assertion based on R.S. 2477 that 
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1 has been the subject of any final determination of any 

2 Federal court or agency. For purposes of this Act, 

3 issuance of a document of disclaimer of interest or inter4 ests pursuant to section 315 of the Federal Land Policy 

5 and Management Act of 1976 ( 43 U.S.C. 1745) shall not 

6 constitute a final determination of a Federal agency. 

7 SEC. 4. OPPORTUNITY TO SUBMIT EVIDENCE IN SUPPORT 

8 OF CLAIM. 

9 (a) DEADLINE.—Any claimant who timely files a no10 tice of a claim pursuant to section 3(a) shall submit evi11 dence in support of such claim no later than 6 years after 

12 the date of the filing of such notice of claim. 

13 (b) REQUIREMENTS.—Evidence submitted to the au14 thorized officer pursuant to subsection (a) shall include 

15 at least the following: 

16 (1) The name, affiliation, address, phone num17 ber (and facsimile number if available) of the claim18 ant. 

19 (2) The names, affiliations, addresses, phone 

20 numbers (and facsimile numbers if available) of all 

21 persons or entities with property interests in land, as 

22 shown on the real estate records of the counties in 

23 which any portion of the claimed R.S. 2477 right24 of-way is located, over which the claimed R.S. 2477 
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1 right-of-way lies, or counties that might claim some 

2 right, title, or interest in the right of way. 

3 (3) Proof of notification of the claim to all such 

4 persons and entities. 

5 (4) Identification of the entity that would have 

6 a property interest in the claimed R.S. 2477 right7 of-way. 

8 (5) A description of the highway on which the 

9 claim is based, including identification of the high10 way on an official State or local map, if available, 

11 the name and number of the highway, if available, 

12 beginning and ending points, existing surveys of the 

13 highway, or portions thereof, or a survey of the 

14 highway. 

15 (6) Evidence that the claimed route is a high16 way. 

17 (7) Evidence of construction of the highway, 

18 which may include evidence of monetary expendi19 tures for highway construction. 

20 (8) A statement of whether any photographs, 

21 profiles, constructions, as-built or similar detail 

22 maps or diagrams of the right-of-way, are available 

23 and, if so, where such material may be viewed or 

24 copies obtained. 
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1 (9) Evidence that the claimed right-of-way tra2 versed public land not reserved for public use at the 

3 time construction of the highway occurred. 

4 (c) ADDITIONAL EVIDENCE FOR CLAIMS INVOLVING

5 CONSERVATION LANDS, TRIBAL LANDS, DEPARTMENT OF

6 DEFENSE LANDS, AND FORMER FEDERAL LANDS.—In 

7 addition to the evidence required in subsection (b), claim8 ants must also provide additional evidence when either of 

9 the following applies to the claim: 

10 (1) Where any portion of the claimed right-of11 way involves conservation lands, tribal lands, and 

12 Department of Defense lands, evidence must be sub13 mitted to show that prior construction and con14 tinuing use of the lands for highway purposes were 

15 so open and notorious on and after the date on 

16 which the lands acquired such status that manage17 ment of such lands by the United States was in18 tended to be subject to continuation of the use of the 

19 lands for highway purposes. 

20 (2) Where any portion of the claimed right-of21 way involves former Federal lands, evidence must be 

22 submitted to show that prior construction and con23 tinuing use of the lands for highway purposes were 

24 so open and notorious on and after the date on 

25 which the lands became former Federal lands that 
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1 the transfer of ownership by the United States was 

2 intended to be subject to continuation of the use of 

3 the lands for highway purposes. 

4 (d) OPPORTUNITY TO SUPPLEMENT EVIDENCE.—If 

5 the authorized officer determines that the evidentiary re6 quirements of this section have not been fully met with 

7 regard to a claim, the authorized officer shall, within 10 

8 days after the date in subsection (a), issue an order advis9 ing the claimant of the deficiencies and providing the 

10 claimant an opportunity to provide supplementary evi11 dence within 30 days of the date of such order. If the 

12 claimant fails to provide supplementary evidence by the 

13 end of the 30 days, or if the authorized officer determines 

14 that supplementary evidence provided within the 30 days 

15 is insufficient, the authorized officer shall issue a final ad16 ministrative determination that the claim is deemed to 

17 have been abandoned and that any rights purported to 

18 have been acquired under R.S. 2477 with respect to the 

19 claim have been relinquished and that therefore no further 

20 administrative action is required with respect to the claim. 

21 The authorized officer shall submit such final administra22 tive determination to the claimant and shall provide gen23 eral notification as per the requirements of section 3(d). 

24 Such determination shall constitute final agency action 
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1 and shall be subject to judicial review pursuant to section 

2 5(j). 

3 SEC. 5. DETERMINATIONS BY AUTHORIZED OFFICER. 

4 (a) REVIEW OF EVIDENCE.—If the authorized officer 

5 determines that a claimant has submitted all the required 

6 evidence with respect to a claim within the time allowed 

7 for such submission, the authorized officer shall review the 

8 evidence in order to determine whether the claim should 

9 be considered presumptively valid. 

10 (b) BURDEN OF PROOF.—In all cases, a claimant 

11 shall have the burden to prove by a preponderance of the 

12 evidence that the grant of a right-of-way pursuant to R.S. 

13 2477 was validly accepted. 

14 (c) PRIVATE AND OTHER NON-FEDERAL LANDS.— 

15 If a claim or portion of a claim involves lands that as of 

16 the time of the filing of the notice of the claim are former 

17 Federal lands, the authorized officer shall determine the 

18 claim to be presumptively valid if the claimant has met 

19 the burden of proof specified in subsection (b) and has 

20 demonstrated by clear and convincing evidence that on the 

21 date on which the lands became former Federal lands 

22 prior construction and continuing use of the claimed lands 

23 for highway purposes were so open and notorious that 

24 transfer of the lands by the United States was intended 
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1 to be subject to the continued use of the claimed lands 

2 for highway purposes. 

3 (d) CONSERVATION AND DEFENSE LANDS.—If a 

4 claim or portion of a claim involves lands that as of the 

5 time of the filing of the notice of the claim are conserva6 tion lands or defense lands, the authorized officer shall 

7 determine the claim to be presumptively valid if the claim8 ant has met the burden of proof specified in subsection 

9 (b) and has demonstrated by clear and convincing evidence 

10 that on the date on which the lands acquired such status 

11 prior construction and continuing use of the claimed lands 

12 for highway purposes were so open and notorious that it 

13 was intended that management of the lands for conserva14 tion or defense purposes would be subject to the continued 

15 use of the claimed lands for highway purposes. 

16 (e) TRIBAL LANDS.—If a claim or portion of a claim 

17 involves lands that as of the time of the filing of the notice 

18 of the claim are tribal lands, the authorized officer shall 

19 determine the claim to be presumptively valid if the claim20 ant has met the burden of proof specified in subsection 

21 (b) and has demonstrated by clear and convincing evidence 

22 that on the date on which the lands acquired such status 

23 prior construction and continuing use of the claimed lands 

24 for highway purposes were so open and notorious that it 
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1 was intended that use of the claimed lands for highway 

2 purposes would continue. 

3 (f) OTHER LANDS.—If no portion of a claim involves 

4 former Federal lands, conservation lands, defense lands, 

5 or tribal lands, the authorized officer shall determine the 

6 claim to be presumptively valid if the claimant has met 

7 the burden of proof specified in subsection (b). 

8 (g) DETERMINATIONS.— 

9 (1) GENERAL RULE.—If the authorized officer 

10 is unable to determine that a claim is presumptively 

11 valid, the authorized officer shall determine that the 

12 claim is invalid and that any rights purported to 

13 have been acquired under R.S. 2477 with respect to 

14 the claim have been relinquished and that therefore 

15 no further administrative action on the claim is re16 quired. 

17 (2) NOTIFICATION.—The authorized officer 

18 shall notify in writing the claimant and each appro19 priate Federal agency and tribe regarding each de20 termination made pursuant to paragraph (1), and 

21 shall provide general notification to the public and 

22 affected parties of such determination pursuant to 

23 the requirements of section 3(d). 

24 (3) FINAL AGENCY ACTION; REVIEW.—A deter25 mination of the authorized officer pursuant to para-
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1 graph (1) shall constitute final agency action, sub2 ject to review in the United States District Court for 

3 the District of Columbia or the United States Dis4 trict Court in the district within which the longest 

5 lineal portion of the claimed R.S. 2477 right-of-way 

6 lies. 

7 (4) FILING; LIMITED REVIEW.—Any action ini8 tiated in district court pursuant to paragraph (3) 

9 shall be filed not later than 3 years after the date 

10 of the written notice to the claimant from the au11 thorized officer. Judicial review of a determination 

12 of an authorized officer under paragraph (3) shall be 

13 limited to a review of the administrative record. 

14 (5) If the authorized officer determines that a 

15 claim is presumptively valid, the authorized officer 

16 shall follow the procedures specified in subsection 

17 (h). 

18 (h) PRESUMPTIVELY VALID CLAIMS.—If the author19 ized officer determines that a claim is presumptively valid, 

20 the authorized officer shall follow the following proce21 dures: 

22 (1) If the authorized officer determines that a 

23 claimant has submitted all the required evidence, 

24 and has met the relevant burden of proof as re25 quired in this section with respect to a claim, the au-
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1 thorized officer, subject to the requirement of section 

2 6(g)(2), shall make a determination that the claim 

3 is presumptively valid. Within 10 days after such de4 termination, the authorized officer shall notify the 

5 claimant, each affected Federal agency, each county 

6 or other political subdivision within which any por7 tion of such claim is located, and the public and af8 fected parties pursuant to section 3(d) regarding 

9 each determination that a claim is presumptively 

10 valid, and shall provide an opportunity for any per11 son or entity to file an objection to the determina12 tion. 

13 (2) If within 180 days after the authorized offi14 cer’s providing of notice pursuant to paragraph (1), 

15 the authorized officer receives an objection to the de16 termination, the authorized officer shall notify the 

17 claimant of such objection and of the opportunity to 

18 provide a response thereto. 

19 (3) During the period of 30 days after receipt 

20 of a notification pursuant to paragraph (2), a claim21 ant shall be allowed to provide supplementary evi22 dence to the authorized officer that responds to the 

23 objection. 

24 (i) PUBLIC HEARING.— 
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1 (1) HEARING AT REQUEST OF PARTIES.—If ei2 ther the claimant or an objector submits a timely re3 quest for a public hearing regarding an objection to 

4 a determination that a claim is presumptively valid, 

5 the authorized officer shall conduct such a hearing 

6 at a convenient time and location within the county 

7 where the longest segment of the claim covered by 

8 such a determination is located. 

9 (2) TIMELY REQUESTS.—A request for a public 

10 hearing described in paragraph (1) shall be consid11 ered timely if received by the authorized officer no 

12 later than 40 days after receipt by the requesting 

13 party of a notice pursuant to subsection (h)(2), or 

14 by the objector if requested within 40 days after the 

15 objection has been made pursuant to subsection 

16 (h)(2). 

17 (3) PROCEDURE.—In conducting public hear18 ings pursuant to this subsection, an authorized offi19 cer shall afford claimants and objectors an oppor20 tunity to present evidence and shall allow the public 

21 an opportunity to comment and provide evidence 

22 supporting or opposing a determination that a claim 

23 is presumptively valid. 

24 (j) REVIEW.— 
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1 (1) IN GENERAL.—The authorized officer shall 

2 review all information submitted by a person or enti3 ty filing an objection and any information provided 

4 by any participant in a public hearing held pursuant 

5 to subsection (i) and after such review shall decide 

6 whether to affirm or revoke the previous determina7 tion that a claim is presumptively valid. 

8 (2) REVOCATION OF PREVIOUS DETERMINA9 TION.—If the authorized officer decides to revoke a 

10 previous determination that a claim is presumptively 

11 valid, the authorized officer shall issue a determina12 tion pursuant to subsection (g)(1). 

13 (3) ISSUANCE OF DETERMINATION OF VALID14 ITY.—If the authorized officer decides to affirm the 

15 previous determination that a claim is presumptively 

16 valid, the authorized officer shall issue a determina17 tion of validity. 

18 (k) DETERMINATIONS OF VALIDITY.— 

19 (1) TIME FOR ISSUANCE.—If no party submits 

20 a timely objection to a determination that a claim is 

21 presumptively valid, the authorized officer shall issue 

22 a determination that the claim is valid within 10 

23 days after expiration of the opportunity to object in 

24 subsection (h)(2). 
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1 (2) FINAL AGENCY ACTION; REVIEW.—A deter2 mination issued pursuant to this subsection shall 

3 constitute final agency action, subject to review in 

4 the United States District Court for the District of 

5 Columbia or the United States District Court in the 

6 district within which the longest lineal portion of the 

7 lands affected by the claim is located. Any action 

8 initiated in district court pursuant to this paragraph 

9 shall be filed not later than 3 years after the date 

10 of the issuance of such determination. Judicial re11 view of a determination under this subsection shall 

12 be limited to a review of the administrative record. 

13 (l) FINDINGS.—Any determination of validity or pre14 sumptive validity shall include the following: 

15 (1) The basis for concluding that the grant of 

16 the right-of-way pursuant to R.S. 2477 over public 

17 lands not reserved for public use was validly accept18 ed prior to the latest available date. 

19 (2) A description of the valid or presumptively 

20 valid right-of-way, including its width, type of sur21 face, and the route between the beginning and end22 ing points of the right-of-way, as of the latest avail23 able date. 

24 (3) A description of the consultation carried out 

25 pursuant to section 6(g) and any necessary affirma-
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1 tion of concurrence by any relevant and appropriate 

2 Federal agency and tribe. 

3 SEC. 6. PROCEDURES. 

4 (a) FEE EXEMPTION.—No State, county, or local 

5 government shall be charged a fee for the filing of a claim. 

6 (b) PRIORITIES.—In reviewing and processing claims, 

7 the authorized officer shall afford priority consideration 

8 as follows: 

9 (1) First priority shall be given to claims filed 

10 by a State, county, or local government. 

11 (2) Second priority shall be given to claims filed 

12 by a party other than a State, county, or local gov13 ernment and involving private or other non-Federal 

14 lands, conservation lands, defense lands, or tribal 

15 lands. 

16 (3) Third priority shall be given to all other 

17 claims. 

18 (c) TIMING.— 

19 (1) TIME FOR COMPLETION OF REVIEW.—To 

20 the extent practicable, the authorized officer shall 

21 complete the review of a claim within 1 year after 

22 the claimant has submitted evidence in support of 

23 the claim. 

24 (2) STATUS REPORT.—For all claims where a 

25 review has not been completed within 1 year, the au-
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1 thorized officer shall provide the claimant a brief 

2 status report explaining the reasons for the delay 

3 and shall provide a public notice of the status report 

4 in the same manner as provided in section 3(d). 

5 (d) PARTICIPATION OF STATES, COUNTIES, LOCAL

6 GOVERNMENTS, AND OTHERS.— 

7 (1) IN GENERAL.—In conducting the review of 

8 a claim, the authorized officer shall seek and con9 sider the views of affected States, counties, local 

10 governments, and tribal governments as well as ap11 propriate Federal agencies and the public. 

12 (2) COORDINATION AMONG APPROPRIATE FED13 ERAL AGENCIES.—In the review of a claim, the au14 thorized officer shall be responsible for coordinating 

15 with each appropriate Federal agency subject to the 

16 claim. 

17 (3) ALASKA CLAIMS.—With respect to claims 

18 involving lands in Alaska, the authorized officer 

19 shall also seek the views of and consult with any Na20 tive Corporation owning or controlling lands affected 

21 by a claim. 

22 (e) ELECTIONS TO ACQUIRE.— 

23 (1) RETENTION BY UNITED STATES.— 

24 (A) If judicial review of a determination 

25 made pursuant to this Act with respect to a 
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1 claim involving conservation lands, tribal lands, 

2 or defense lands results in a determination that 

3 a grant of a right-of-way pursuant to R.S. 2477 

4 was validly accepted and not relinquished, the 

5 United States nevertheless may retain such ex6 clusive possession or control of any conservation 

7 lands, tribal lands, or defense lands traversed 

8 by such right-of-way as it may elect, upon pay9 ment to the claimant of an amount the district 

10 court in the same action determines to be just 

11 compensation for such exclusive possession or 

12 control. 

13 (B) Before taking any action pursuant to 

14 subparagraph (A), the United States shall seek 

15 to reach an enforceable agreement with the 

16 claimant that will resolve the concerns that oth17 erwise would be resolved by such action. 

18 (2) RETENTION BY OWNER OF RECORD.— 

19 (A) IN GENERAL.—If judicial review of a 

20 determination made pursuant to this Act with 

21 respect to a claim involving former Federal 

22 lands results in a determination that a grant of 

23 a right-of-way pursuant to R.S. 2477 was val24 idly accepted by a party other than a State or 

25 a county or other political subdivision of a State 
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1 and not relinquished by such party, the owner 

2 or owners of record of such former Federal 

3 lands nevertheless may retain such exclusive 

4 possession or control of any such lands tra5 versed by such right-of-way as such owner or 

6 owners may elect, upon payment to the claim7 ant of an amount the district court in the same 

8 action determines to be just compensation for 

9 such exclusive possession or control. 

10 (B) AGREEMENT.—Before taking any ac11 tion pursuant to subparagraph (A), the owner 

12 or owners of record shall seek to reach an en13 forceable agreement with the claimant that will 

14 resolve the concerns that otherwise would be re15 solved by such action. 

16 (f) RECORDING REQUIREMENTS.— 

17 (1) SURVEY AND FILING.—Within 5 years after 

18 the date of publication in the Federal Register of a 

19 final administrative determination recognizing a 

20 valid R.S. 2477 right-of-way affecting lands owned 

21 by the United States, the claimant shall file the sur22 vey as described in section 4(b)(5) or any other sur23 vey that meets the relevant State legal requirements 

24 for land recordation with the State office of the Bu-
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1 reau of Land Management and with the appropriate 

2 land records of the State. 

3 (2) FAILURE TO COMPLETE AND FILE SUR4 VEY.—The failure of any claimant to complete and 

5 file a survey with the Bureau of Land Management 

6 within the time period specified in paragraph (1) 

7 shall be deemed to constitute a relinquishment of 

8 any rights purported to have been acquired under 

9 R.S. 2477. 

10 (3) JUDICIAL REVIEW.—A deeming of relin11 quishment pursuant to this subsection shall be sub12 ject to review in the United States District Court for 

13 the District of Columbia or the United States Dis14 trict Court in the district within which the longest 

15 lineal portion of the claimed R.S. 2477 right-of-way 

16 lies. 

17 (4) STATUTE OF LIMITATIONS.—Any action ini18 tiated in district court pursuant to paragraph (3) 

19 shall be filed not later than 3 years after the date 

20 that recordation was required by paragraph (1). 

21 (g) CONSULTATION AND CONCURRENCE.— 

22 (1) CONSULTATION WHEN CERTAIN LANDS IN23 VOLVED.—With regard to claims any portion of 

24 which involve conservation lands, tribal lands, or De25 partment of Defense lands, the authorized officer 
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1 shall consult with each relevant Federal agency or 

2 tribe regarding the evidence submitted for a claim 

3 and any objections raised regarding the claim’s va4 lidity. 

5 (2) CONCURRENCE REQUIREMENT.—Before 

6 making a determination that a claim is presump7 tively valid, the authorized officer shall obtain the 

8 concurrence of each Federal agency responsible for 

9 management of lands affected by the claim. 

10 SEC. 7. RELATION TO OTHER LAW AND PRIOR DETERMINA11 TIONS. 

12 (a) RELATIONSHIP OF FEDERAL AND STATE LAW.— 

13 (1) IN GENERAL.—In making an administrative 

14 determination of whether the grant of a right-of-way 

15 pursuant to R.S. 2477 over unreserved public lands 

16 was validly accepted prior to the latest available 

17 date, the authorized officer shall apply Federal law 

18 and the law of the State in which the claimed right19 of-way is located, and which was in effect on the lat20 est available date, to the extent that such State law 

21 is consistent with Federal law. 

22 (2) RULE OF CONSTRUCTION.—Nothing in this 

23 Act shall be construed to limit or expand the appli24 cability of State law with respect to any matter re25 lating to the scope of a valid right-of-way established 
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1 pursuant to R.S. 2477, including, but not limited to, 

2 the type of road surface, maintenance, liability, and 

3 the extent of use. 

4 (b) RELATIONSHIP TO FEDERAL LAND POLICY AND

5 MANAGEMENT ACT OF 1976 AND ALASKA NATIONAL IN6 TEREST LANDS CONSERVATION ACT.—Nothing in this 

7 Act is intended to, or shall be constructed to, affect, 

8 change, alter, or modify title V of the Federal Land Policy 

9 and Management Act of 1976 (43 U.S.C. 1761 et seq.) 

10 or title XI of the Alaska National Interest Lands Con11 servation Act (16 U.S.C. 3161 et seq.). 

12 (c) RELATIONSHIP TO PRIOR DETERMINATIONS.— 

13 (1) STATUS OF PRIORS DETERMINATIONS.—Ex14 cept as provided in this subsection, nothing in this 

15 Act shall be construed to apply to or affect the sta16 tus of any judicial or administrative determinations 

17 made prior to the date of enactment of this Act re18 garding any claim or assertion based on R.S. 2477. 

19 (2) FILING AND RECORDING OF CERTAIN DE20 TERMINATIONS.—Any final judicial or administrative 

21 determination regarding any claim or assertion 

22 based on R.S. 2477 made on or before the date that 

23 is 4 years after the date of enactment of this Act 

24 shall be filed with the relevant State office of the 
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1 Bureau of Land Management and recorded on the 

2 appropriate land records of the relevant State. 

3 (3) EFFECT OF FAILURE TO FILE.—Failure to 

4 file or record a determination pursuant to paragraph 

5 (2) shall be deemed to constitute a relinquishment of 

6 any rights purported to have been acquired under 

7 R.S. 2477. 

8 (4) REVIEW.—A deeming of relinquishment 

9 pursuant to this subsection shall be subject to review 

10 in the United States District Court for the District 

11 of Columbia or the United States District Court in 

12 the district within which the longest lineal portion of 

13 the claimed R.S. 2477 right-of-way lies. 

14 (5) TIME FOR FILING.—Any action initiated in 

15 district court pursuant to paragraph (4) shall be 

16 filed not later than 7 years after the date of enact17 ment of this Act. 

18 SEC. 8. LIMITATION. 

19 Except with regard to a notice of a claim filed pursu20 ant to this Act during the period specified in section 3, 

21 no officer, agency, or court of the United States shall take 

22 any action to affirm the validity of any assertion that any 

23 person or entity other than the United States has a prop24 erty interest in a right-of-way pursuant to R.S. 2477. 
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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to implement this Act. 

Æ