II 

109TH CONGRESS 

2D SESSION S. 3478 

To amend the National Trails System Act relating to the statute of limitations 

that applies to certain claims. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2006 

Mr. BOND (for himself and Mr. TALENT) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To amend the National Trails System Act relating to the 

statute of limitations that applies to certain claims. 

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. 

4 This Act may be cited as the ‘‘Easement Owners Fair 

5 Compensation Claims Act of 2006’’. 

6 SEC. 2. CLAIMS AGAINST UNITED STATES FOR INTERIM 

7 USE OF RIGHTS-OF-WAY. 

8 (a) AMENDMENT TO NATIONAL TRAILS SYSTEM

9 ACT.—Section 8(d) of the National Trails System Act (16 

10 U.S.C. 1247(d)) is amended— 


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1 (1) by striking ‘‘The Secretary of Transpor2 tation’’ and inserting ‘‘(1) The Secretary of Trans3 portation’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(2) In any action brought against the United States, 

6 by the owner of property that is subject to a railroad right7 of-way and to interim use described in paragraph (1), for 

8 damages sustained by reason of paragraph (1), the claim 

9 for damages shall not be deemed to first accrue for pur10 poses of the limitations period prescribed by section 2501 

11 of title 28, United States Code, before the date on which— 

12 ‘‘(A) the State, political subdivision, or qualified 

13 private organization has, by written agreement, as14 sumed full responsibility for such right-of-way and 

15 interim use under paragraph (1); and 

16 ‘‘(B) the railroad has in writing conveyed an in17 terest in such right of way to such State, political 

18 subdivision, or qualified private organization, by do19 nation, transfer, lease, sale, or otherwise.’’. 

20 (b) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—The amendments made by 

22 subsection (a) shall take effect on the date of the en23 actment of this Act and shall apply to any civil ac24 tion pending on, or commenced on or after, such 

25 date of enactment. 


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1 (2) PRIOR ORDERS VACATED UPON REQUEST.— 

2 Any order that— 

3 (A) was entered, before the date of the en4 actment of this Act, by a court in a case pend5 ing on such date of enactment, and 

6 (B) is inconsistent with the amendments 

7 made by subsection (a), 

8 shall be vacated by the court if, not later than 1 

9 year after such date of enactment, a party to the 

10 case or the party’s successor in interest files with 

11 the court a request for such relief. 

12 (c) REVIEW BY COURT OF FEDERAL CLAIMS.— 

13 (1) REVIEW OF CERTAIN CLAIMS.—Notwith14 standing any other provision of law, the United 

15 States Court of Federal Claims shall review on the 

16 merits, without regard to the defense of res judicata 

17 or collateral estoppel, any claim that— 

18 (A) was brought against the United States, 

19 by the owner of property that is subject to a 

20 railroad right-of-way and to interim use de21 scribed in paragraph (1) of section 8(d) of the 

22 National Trails System Act, for damages sus23 tained by reason of such section 8(d), 

24 (B) was dismissed, before the enactment of 

25 this Act, for not being brought within the time 


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1 period provided under section 2501 of title 28, 

2 United States Code, and 

3 (C) would have been considered to have 

4 been brought in a timely manner if the amend5 ments made by subsection (a) had been in ef6 fect when the claim was brought, 

7 if the claimant applies to the court for such review 

8 not later than 60 days after the date of the enact9 ment of this Act. 

10 (2) ACTION BY THE COURT.—In reviewing a 

11 claim under paragraph (1), the Court of Federal 

12 Claims shall receive and consider any additional evi13 dence, including oral testimony, that any party may 

14 wish to provide on the issue of a taking of property 

15 without due process of law, and shall determine the 

16 issues de novo. 

Æ 


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