I

104TH CONGRESS

1ST SESSION H. R. 2081

To recognize the validity of rights-of-way granted under section 2477 of

the Revised Statutes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1995

Mr. HANSEN (for himself, Mr. DOOLITTLE, and Mr. SHADEGG) introduced the

following bill; which was referred to the Committee on Resources, and in

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To recognize the validity of rights-of-way granted under

section 2477 of the Revised Statutes, and for other purposes.

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 ‘‘Revised Statutes 2477

5 Rights-of-Way Settlement Act’’.
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1 SEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS

2 GRANTED UNDER REVISED STATUES SEC3 TION 2477.

4 (a) NOTICE OF RS 2477 RIGHT-OF-WAY.—Any

5 State, political subdivision thereof, or other holder of a

6 right-of-way across public lands which was granted under

7 section 2477 of the Revised Statutes before the enactment

8 of the Federal Land Policy and Management Act of 1976,

9 or any person who uses or could use the right-of-way for

10 passage across such lands to access property in which such

11 person has an interest, may file with the appropriate Sec12 retary of the Department concerned (hereafter in this Act

13 referred to as the ‘‘Secretary’’) a notice of the right-of14 way. The notice shall be filed within 10 years after the

15 date of the enactment of this Act, shall identify the State

16 or political subdivision thereof through which the right17 of-way passes, and shall contain a map and a general de18 scription of the route, termini, and scope of the right-of19 way.

20 (b) RECOGNITION OF OR OBJECTION TO RIGHT-OF21 WAY BY THE SECRETARY.—

22 (1) IN GENERAL.—Not later than two years

23 after the date on which notice is filed with the Sec24 retary under subsection (a), the Secretary shall no25 tify the holder, or other party giving notice, of the

26 recognition or objections of the Secretary of the
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1 right-of-way or any portion thereof. In considering

2 any right-of-way notice filed under subsection (a),

3 the Secretary shall recognize any right-of-way which

4 was accepted or established in accordance with the

5 laws of the State where the right-of-way is located

6 or by an affirmative act of a State or political sub7 division thereof indicating acceptance of the grant.

8 (2) RECOGNITION.—To the extent the Sec9 retary accepts the right-of-way, the provisions of sec10 tion 4 shall apply.

11 (3) OBJECTIONS.—If the Secretary objects to

12 the right-of-way as presented under subsection (a),

13 the Secretary shall specifically state the Secretary’s

14 objections to the existence, identity of the holder,

15 route, or scope of the right-of-way, or portion there16 of, and shall provide the factual and legal basis for

17 each objection.

18 (4) EFFECT OF FAILURE TO OBJECT.—If the

19 Secretary does not object within the two-year period

20 required by this subsection, the right-of-way shall be

21 deemed to be valid as it was presented to the Sec22 retary under subsection (a).

23 SEC. 3. JUDICIAL REVIEW.

24 (a) QUIET TITLE ACTION RELATING TO OBJEC25 TIONS.—Not later than two years after the date on which
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1 the Secretary notifies a holder under section 2(b) of objec2 tions to a right-of-way, or portion thereof, the Secretary

3 may bring an action based on those objections in a United

4 States district court in which the right-of-way or a portion

5 thereof is located to challenge the validity of the right6 of-way or portion thereof.

7 (b) BURDEN OF PROOF.—In any action brought pur8 suant to subsection (a), the United States shall bear the

9 burden of proof on all issues, including (but not limited

10 to) proving that—

11 (1) the right-of-way was not a public right-of12 way;

13 (2) the right-of-way was not accepted or estab14 lished in accordance with the laws of the State

15 where the right-of-way is located or by an affirma16 tive act of a State or political subdivision thereof in17 dicating acceptance of the grant;

18 (3) the land on which the right-of-way is lo19 cated was reserved for public use at the time of ac20 ceptance of the right-of-way; and

21 (4) the scope of the right-of-way identified in

22 the notice of right-of-way exceeds that permitted

23 under State law.

24 (c) FAILURE TO BRING ACTION.—If the Secretary

25 does not bring such an action within the two-year period
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1 required by this subsection, the right-of-way shall be

2 deemed to be valid in the form presented under section

3 2(a).

4 (d) STANDING.—Standing to challenge an action of

5 the Secretary under this Act relating to the existence, de6 scription, route, or scope of a right-of-way shall be limited

7 to a party with a claim of a property interest in or to

8 the right-of-way or in lands served thereby.

9 SEC. 4. MANAGEMENT OF LANDS.

10 A right-of-way accepted or deemed to be accepted

11 under this Act is valid. The Secretary shall record the

12 right-of-way in the land records and on maps of the Sec13 retary and shall manage the lands subject to the right14 of-way accordingly.

15 SEC. 5. MISCELLANEOUS PROVISIONS.

16 (a) QUIET TITLE ACTION.—Nothing in this Act shall

17 be construed to prevent the holder of a right-of-way de18 scribed in section 2 from bringing an action at any time

19 to quiet title with respect to such right-of-way under sec20 tion 2409a of title 28, United States Code, nor shall any

21 proceedings taken pursuant to this Act be deemed a pre22 requisite to filing any such action. Such action may be

23 brought within the later of—

24 (1) 12 years from the date of notice of objection

25 from the Secretary under section 2(b)(1); or
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1 (2) the termination of the limitations period

2 under section 2409a of title 28, United States Code.

3 (b) RELINQUISHMENT NOT REQUIRED.—Nothing in

4 this Act shall be construed to require a relinquishment of

5 a right-of-way granted under section 2477 of the Revised

6 Statutes. A failure to file the notice provided for under

7 section 2(a) does not constitute a relinquishment of any

8 such right-of-way.

9 (c) APPLICATION OF STATE LAW.—Nothing in this

10 Act shall be construed to limit the application of State

11 law in determining the validity of rights-of-way granted

12 under section 2477 of the Revised Statutes. In every pro13 ceeding the law of the State where the right-of-way is lo14 cated shall determine the scope of the right-of-way. The

15 published regulations of the Department of the Interior

16 pertaining to section 2477 of the Revised Statutes which

17 were in effect until the date of enactment of the Federal

18 Land Policy and Management Act of 1976 shall be bind19 ing on the Secretary in all such proceedings.

20 (d) NEPA.—The National Environmental Policy Act

21 of 1969 shall not apply with respect to actions taken to

22 carry out this Act.

23 (e) ROAD CLOSURES.—The Secretary shall not close

24 any right-of-way granted under section 2477 of the Re25 vised Statutes which was in use prior to October 21, 1976,
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1 until one year after providing notice to the State and any

2 political subdivision thereof with jurisdiction over high3 ways in that location which describes the right-of-way and

4 the purpose of the intended closure. In no event shall the

5 Secretary close any such right-of-way if closure would

6 leave any non-Federal lands adjoining the right-of-way

7 without an established public or private access.

Æ