I 

116TH CONGRESS 

2D SESSION H. R. 8798 

To establish a procedure for resolving claims to certain rights-of-way, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2020 

Mr. COOK introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To establish a procedure for resolving claims to certain 

rights-of-way, 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 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Historic Routes Preservation Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Purpose. 

Sec. 3. Definitions. 

Sec. 4. Filing of claim. 

Sec. 5. Evidence and final decision. 

Sec. 6. Judicial review. 

Sec. 7. Applicable law and time extensions. 


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Sec. 8. Implementation required. 

Sec. 9. Effect; applicability. 

Sec. 10. Repeal of restrictions on regulations. 

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to preserve historical ac3 cess to the public lands by achieving judicial and adminis4 trative efficiency for, and to reduce the costs typically as5 sociated with, resolving right-of-way claims under R.S. 

6 2477 by— 

7 (1) reducing the burden on Federal courts by 

8 authorizing administrative procedures and estab9 lishing evidentiary standards for the processing of 

10 R.S. 2477 right-of-way claims; 

11 (2) establishing— 

12 (A) a deadline for filing R.S. 2477 right13 of-way claims; 

14 (B) mandatory procedures for considering 

15 and acting on the R.S. 2477 right-of-way 

16 claims; and 

17 (C) uniform legal and evidentiary stand18 ards of proof of public acceptance of Federal 

19 R.S. 2477 right-of-way grants; 

20 (3) recognizing and protecting valid existing 

21 rights; and 

22 (4) requiring that any actions by a successful 

23 claimant improving, upgrading or expanding an R.S. 


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1 2477 right-of-way are conditioned upon consultation 

2 with the Secretary. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ABANDON OR ABANDONMENT.—The terms 

6 ‘‘abandon’’ and ‘‘abandonment’’ mean formal action 

7 by the governing body of a claimant taken at a pub8 lic meeting pursuant to notice that declares all of 

9 claimant’s right, title, and claim to a R.S. 2477 

10 right-of-way is relinquished. 

11 (2) ACCEPTANCE OR ACCEPTED.—The terms 

12 ‘‘acceptance’’ and ‘‘accepted’’ mean acts on the part 

13 of a claimant sufficient to manifest an intent to ac14 cept the open congressional offer under R.S. 2477 

15 right-of-way, including— 

16 (A) a positive or affirmative action by a 

17 State or county governmental authority on or 

18 before October 21, 1976, including— 

19 (i) a formal resolution or declaration 

20 of ownership of, or responsibility for main21 taining, a highway; or 

22 (ii) the inclusion of a highway in an 

23 official map that reflects such ownership or 

24 maintenance responsibility; 


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1 (B) the construction, improvement, repair 

2 or maintenance of a highway by a State or 

3 county governmental authority, or private party 

4 on or before October 21, 1976; or 

5 (C) the continuous use of a highway by the 

6 public for a period of not fewer than 5 consecu7 tive years ending on a date that is on or before 

8 October 21, 1976. 

9 (3) CLAIM.—The term ‘‘claim’’ means the as10 sertion of title to an R.S. 2477 right-of-way filed 

11 under section 4(a)(1). 

12 (4) CLAIMANT.—The term ‘‘claimant’’ means 

13 any State, county, political subdivision or agency of 

14 a State, corporation or other person asserting title 

15 to a right-of-way under R.S. 2477. 

16 (5) CONSTRUCTION.—The term ‘‘construction’’ 

17 means the physical activity reasonably necessary, ad18 visable, or desirable to allow safe, continuous public 

19 use over a highway according to the intended mode 

20 of travel or transportation, which may be established 

21 by the use of any tools or equipment, or other 

22 means, including mere usage. 

23 (6) CONTINUOUS PUBLIC USE.—The term ‘‘con24 tinuous public use’’ means the uninterrupted use of 

25 a highway by the public for passage as often as genVerDate Sep 11 2014 22:09 Nov 30, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8798.IH H8798

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1 erally regarded by the public to be convenient or 

2 necessary depending on the character of the road 

3 and the nature of the use and does not require a de4 termination of frequency of use. Continuous public 

5 use includes use that may be interrupted by events 

6 of nature or seasonal use. 

7 (7) DISCLAIMER AND RELINQUISHMENT.—The 

8 term ‘‘disclaimer and relinquishment’’ means any 

9 type of deed or equivalent document in a form suit10 able for recordation that is approved and issued by 

11 the Secretary disclaiming or relinquishing any own12 ership interest of the Federal Government in an 

13 R.S. 2477 right-of-way, including a deed or equiva14 lent document issued under section 315 of the Fed15 eral Land Policy and Management Act of 1976 (43 

16 U.S.C. 1745), or section (e) of the Federal Quiet 

17 Title Act (28 U.S.C. 2409a). A disclaimer issued by 

18 the Secretary is valid without judicial adjudication. 

19 (8) EVIDENCE.—The term ‘‘evidence’’ means 

20 any testimony, object, or document described in sec21 tion 5 that would be reliable, authentic, probative, 

22 and persuasive in Federal district court under the 

23 Federal Rules of Evidence that are in effect on the 

24 date of the enactment of this Act. 


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1 (9) HIGHWAY.—The term ‘‘highway’’ means 

2 any road, way, right-of-way, or other land surface 

3 route of travel over which the public has the right 

4 of use for passage, whether by carriage, animal, 

5 foot, or non-motorized or motorized vehicle. 

6 (10) IMPROVEMENT.—The term ‘‘improvement’’ 

7 is distinguished from ordinary maintenance and re8 pair and includes— 

9 (A) the widening of a highway; 

10 (B) the horizontal or vertical realignment 

11 of a highway; 

12 (C) the installation (as distinguished from 

13 cleaning, repair, or replacement in kind) of a 

14 bridge, culvert, or other drainage structure or 

15 conduit; or 

16 (D) any upgrade in the surface composi17 tion of a highway. 

18 (11) MAINTENANCE.—The term ‘‘maintenance’’ 

19 means the preservation of an existing highway, in20 cluding but not limited to— 

21 (A) the physical upkeep of the highway; 

22 (B) the repair or replacement of wear or 

23 damage to the highway, including to bridges, 

24 culverts, or other drainage structures or con25 duits, from natural or other causes; 


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1 (C) the restoration of the shape or path of 

2 the highway; and 

3 (D) the gradation of the highway or other 

4 measures to ensure that the shape of the high5 way permits drainage or safe passage over the 

6 highway by the public. 

7 (12) PUBLIC LAND.—The term ‘‘public land’’ 

8 means land— 

9 (A) that is owned, controlled by, or subject 

10 to the jurisdiction of the Federal Government 

11 for the benefit of the public; and 

12 (B) that was not reserved other, specific 

13 public purpose on the date on which a R.S. 

14 2477 right-of-way grant was accepted. 

15 (13) PUBLIC OR PUBLIC USER.— 

16 (A) IN GENERAL.—The terms ‘‘public’’ or 

17 ‘‘public user’’ mean all natural persons author18 ized or otherwise allowed to enter or use public 

19 land, and includes Federal lessees, permittees, 

20 licensees, and invitees. 

21 (B) EXCEPTIONS.—The terms ‘‘public’’ or 

22 ‘‘public user’’ do not include any Federal agent 

23 or employee acting within the scope of their 

24 agency or employment. 


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1 (14) R.S. 2477.—The term ‘‘R.S. 2477’’ means 

2 section 2477 of the Revised Statutes (43 U.S.C. 

3 932) repealed by section 706 of the Federal Land 

4 Policy and Management Act of 1976 (Public Law 

5 94–579; 90 Stat. 2793). 

6 (15) R.S. 2477 RIGHT-OF-WAY.—The term ‘‘R.S. 

7 2477 right-of-way’’ means an open-ended grant or 

8 dedication of land by the United States for a public 

9 right-of-way allowing public use and passage, which 

10 could be accepted by a claimant on or before Octo11 ber 21, 1976. 

12 (16) RESERVED.— 

13 (A) IN GENERAL.—The term ‘‘reserved’’ 

14 means action by the Secretary, before the ear15 lier of a R.S. 2477 right-of-way acceptance or 

16 October 21, 1976— 

17 (i) to withdraw land from the public 

18 domain; 

19 (ii) to make the land unavailable for 

20 appropriation under public land laws; and 

21 (iii) to dedicate the land by the 

22 United States to a specific public purpose, 

23 such as a park, military establishment, wil24 derness area, tribal land, or Federal en25 clave, that does not rely on or otherwise 


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1 permit an R.S. 2477 right-of-way for the 

2 specific public purpose. 

3 (B) CLARIFICATION.—The term ‘‘re4 served’’ does not apply to an action of the Sec5 retary with respect to the designation of a wil6 derness study area, an area of critical environ7 mental concern, lands not formally designated 

8 by Congress as wilderness, or lands with wilder9 ness characteristics. 

10 (17) SCOPE.— 

11 (A) The term ‘‘scope’’— 

12 (i) means the width of a R.S. 2477 

13 right-of-way as of October 21, 1976, in14 cluding the area reasonable and necessary 

15 to meet the public convenience or safety 

16 (including maintenance, repair and realign17 ment) or the exigencies of increased travel, 

18 based on the traditional uses of a highway; 

19 and 

20 (ii) is not limited to the disturbed sur21 face of the highway. 

22 (B) For the purposes of this definition, the 

23 right-of-way condition of a road that has been 

24 open for at least the previous 5 years shall be 


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1 used as a rebuttable presumption of what is 

2 reasonable and necessary. 

3 (18) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary with management jurisdiction 

5 over land owned or controlled by the United States 

6 on which a R.S. 2477 right-of-way is claimed to be 

7 located. 

8 SEC. 4. FILING OF CLAIM. 

9 (a) IN GENERAL.—A claimant of a right-of-way 

10 granted under R.S. 2477 may file a claim under this sec11 tion. 

12 (b) ADMINISTRATIVE CLAIM AFTER FILING CLAIM

13 UNDER TITLE 28.— 

14 (1) IN GENERAL.—A claimant is deemed to 

15 have filed a claim under paragraph (1) if, before the 

16 date of the enactment of this Act, the claimant— 

17 (A) filed a notice of an intent to file suit 

18 with respect to a claim asserting the public ac19 ceptance of a right-of-way granted under R.S. 

20 2477 under section 2409a(m) of title 28, 

21 United States Code; or 

22 (B) filed suit with respect to a claim as23 serting the public acceptance of a right-of-way 

24 granted under R.S. 2477 under section 

25 2409a(m) of title 28, United States Code. 


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1 (2) PENDING COURT ACTION.—If a claimant is 

2 deemed to have filed a claim under paragraph (1) 

3 with respect to a previously filed claim asserting the 

4 public acceptance of a right-of-way granted under 

5 R.S. 2477 under section 2409a(m) of title 28, 

6 United States Code, any suit filed by or on behalf 

7 of the claimant with respect to public acceptance of 

8 the right-of-way shall, except as to the preservation 

9 of evidence, be held in abeyance pending final deter10 mination under this Act and shall be dismissed with11 out prejudice when acceptance of the right-of-way is 

12 finally determined under this Act, and all challenges 

13 thereto have been exhausted. 

14 (c) FORM; CONTENTS.— 

15 (1) FORM.—Not later than 30 days after the 

16 date of the enactment of this Act, the Secretary 

17 shall establish a form to be used by claimants for fil18 ing claims under this section. 

19 (2) CONTENTS.—A claim filed under subsection 

20 (a)(1) shall include— 

21 (A) a center line description, or other 

22 verified survey meeting generally accepted 

23 standards and procedures, clearly showing the 

24 location, route, direction, beginning and end 

25 points and length, together with an average 


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1 width of the claimed R.S. 2477 right-of-way as 

2 of a date certain; 

3 (B) evidence demonstrating the acceptance 

4 and scope of the claimed R.S. 2477 right-of5 way; and 

6 (C) proof of notice or attempted notice by 

7 the claimant under subsection (e). 

8 (d) PLACE OF FILING.—A claimant shall file a claim 

9 in the appropriate State or regional location designated 

10 by the Secretary for the filing of claims under this section. 

11 (e) NOTICE.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (3), a claimant shall provide notice of the 

14 right-of-way claim by— 

15 (A) at least once per week during the 2- 

16 week period immediately preceding the filing of 

17 the claim, publishing in a newspaper authorized 

18 to publish public notice under the laws of the 

19 State in which the longest lineal part of the 

20 claimed R.S. 2477 right-of-way is located, a 

21 general summary of the claim, including the lo22 cation and general description of the claimed 

23 R.S. 2477 right-of-way; and 

24 (B) not later than 30 days after the date 

25 on which the claim is filed, providing, or reaVerDate Sep 11 2014 22:09 Nov 30, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8798.IH H8798

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1 sonably attempting to provide, written notice of 

2 the claim to all owners of land contiguous to 

3 the boundary of the claimed right-of-way. 

4 (2) ATTEMPTED NOTICE.—The reasonable at5 tempt of a claimant to provide written notice under 

6 paragraph (1)(B) shall be considered to be sufficient 

7 notice under this subsection if the claimant files with 

8 Secretary verification of the reasonable attempt 

9 under written oath or affirmation. 

10 (3) EXCEPTION.—Notwithstanding paragraph 

11 (1), a claimant shall be considered to have given suf12 ficient notice under this subsection if the claimant 

13 has filed a notice of an intent to file suit, or has 

14 filed suit, with respect to the claimed R.S. 2477 

15 right-of-way under section 2409a(m) of title 28, 

16 United States Code, on or before the date of the en17 actment of this Act. 

18 (f) EFFECT OF FAILURE TO MEET FILING DEAD19 LINE OR REQUIREMENTS.—If a claimant fails to comply 

20 with the requirements of— 

21 (1) subsection (a), the failure shall be consid22 ered to be an automatic irrevocable abandonment of 

23 any R.S. 2477 right-of-way claim; or 

24 (2) subsection (b), (c), or (d), the claim filed by 

25 the claimant shall not be processed until the date on 


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1 which the failure to comply with those subsections is 

2 cured. 

3 (g) STATUTE OF LIMITATIONS.—Except as provided 

4 in subsection (a)(1), any statute of limitations for assert5 ing title to an R.S. 2477 right-of-way under this section 

6 is waived. 

7 SEC. 5. EVIDENCE AND FINAL DECISION. 

8 (a) BURDEN OF PROOF.—A claimant shall have the 

9 burden to prove, by a preponderance of the evidence, the 

10 acceptance of a right-of-way under R.S. 2477. 

11 (b) EVIDENCE.— 

12 (1) IN GENERAL.—Acceptance and scope of the 

13 R.S. 2477 right-of-way shall be conclusively verified, 

14 proven, and established on filing, under oath or af15 firmation by a claimant attesting to the authenticity 

16 and accuracy, of— 

17 (A) at least one item of evidence from 

18 among the categories of evidence described in 

19 subsection (c)(1); or 

20 (B) at least two items of evidence from 

21 among the categories of evidence described in 

22 subparagraphs (A) or (B) of subsection (c)(2). 

23 (2) COPIES.—A copy of an original document 

24 may be used as evidence in the place of the original 

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1 panied by a written declaration, under oath by a 

2 custodian, owner, or author, that the copy is an ac3 curate representation of the material terms of the 

4 original document. 

5 (3) HEARSAY.—Hearsay contained in a docu6 ment or otherwise provided shall be considered reli7 able, admissible, and probative for the purposes of 

8 this Act. 

9 (4) GRANT WITHDRAWAL.—Evidence produced 

10 that establishes that the United States reserved the 

11 land as herein defined underlying the claimed R.S. 

12 2477 right-of-way before acceptance conclusively es13 tablishes withdrawal of the Federal grant and de14 feats the claim. 

15 (c) DESCRIPTION OF CATEGORIES OF EVIDENCE.— 

16 For the purposes of processing claims under this Act, the 

17 following categories of evidence shall be considered: 

18 (1) CATEGORY 1.—Category 1 evidence consists 

19 of the following types of evidence: 

20 (A) Official minutes, resolutions, declara21 tions, or written agreements of a State or coun22 ty governmental body reflecting or otherwise 

23 memorializing a positive or affirmative action 

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1 ing a claimed R.S. 2477 right-of-way prior to 

2 October 21, 1976. 

3 (B) Historical or other records of govern4 ment entities or records constructed, obtained, 

5 or kept by a government in the ordinary course 

6 of business, including Federal, State, local, and 

7 territorial records, such as records of the De8 partments of the Interior, Agriculture, or De9 fense, the Bureau of Land Management, the 

10 Forest Service, the Natural Resources Con11 servation Service, the Soil Conservation Service, 

12 General Land Office, Federal centers or en13 claves, the Smithsonian Institution, and the Li14 brary of Congress that show that the right-of15 way was accepted by a State or county govern16 mental authority prior to October 21, 1976. 

17 (C) Maps, plats, maintenance records (in18 cluding actual or estimated costs of mainte19 nance), photographs, or other computer-gen20 erated images demonstrating that the claimed 

21 R.S. 2477 right-of-way was regularly main22 tained by a State or county governmental au23 thority or private individual prior to October 

24 21, 1976. 


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1 (D) Written or transcribed oral statements 

2 given under oath before a notary public, court 

3 reporter, judge or any other government official 

4 authorized by law to administer oaths or other5 wise authenticated stating that the right-of-way 

6 was regularly maintained by a State or local 

7 government or private individual prior to Octo8 ber 21, 1976. 

9 (2) CATEGORY 2.—Category 2 evidence consists 

10 the following types of evidence: 

11 (A) In addition to the records described in 

12 paragraph (1)(B) and(C), other historical 

13 records including original documents, authenti14 cated copies, facsimiles, and computer-trans15 mitted images (including aerial photographs, 

16 topographical maps, and government road 

17 maps), reliably showing evidence of public usage 

18 of a R.S. 2477 right-of-way before October 21, 

19 1976. 

20 (B) Written or transcribed oral statements 

21 given under oath before a notary public, court 

22 recorder, judge or any other government official 

23 authorized by law to administer oaths or other24 wise authenticated reciting reliable knowledge 

25 of the facts that establish the acceptance by 


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1 public usage of the R.S. 2477 right-of-way be2 fore October 21, 1976. 

3 (d) DETERMINATION OF ABANDONMENT.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date on which a R.S. 2477 right-of-way is con6 clusively established as accepted under subsection 

7 (b)(1), the Secretary shall determine, in writing, 

8 whether the R.S. 2477 right-of-way has been pre9 viously abandoned by the claimant. 

10 (2) FAILURE TO MAKE DETERMINATION.—The 

11 failure of the Secretary to make a written deter12 mination within the 90-day period described in para13 graph (1) shall conclusively establish that the right14 of-way has not been abandoned. 

15 (3) FINAL AGENCY ACTION.—The determina16 tion by the Secretary under paragraph (1), or the 

17 failure to make the determination by the date de18 scribed in that paragraph, shall be a final agency ac19 tion, subject to appeal by the claimant only in ac20 cordance with section 6. 

21 (e) DISCLAIMER AND RELINQUISHMENT RE22 QUIRED.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date on which evidence establishing accept25 ance of a R.S. 2477 right-of-way has been filed 


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1 under this section, the Secretary shall deliver to the 

2 claimant a written document disclaiming and relin3 quishing the right and interest of the United States 

4 in and to the R.S. 2477 right-of-way. 

5 (2) FORM.—The disclaimer and relinquishment 

6 under paragraph (1) shall be in a form that allows 

7 the recording of the disclaimer and relinquishment 

8 in State and local real estate records. 

9 (3) IMPROVEMENT CONSULTATION.—The dis10 claimer and relinquishment shall clearly state that 

11 any future improvement of an R.S. 2477 right-of12 way is conditioned upon consultation with the Sec13 retary. 

14 (4) RECORDING.—The disclaimer and relin15 quishment under paragraph (1) shall— 

16 (A) be recorded in the public land records 

17 under the jurisdiction of the Secretary; and 

18 (B) conclusively establish the title of the 

19 claimant to the R.S. 2477 right-of-way. 

20 (5) REVIEW.—The document delivered by, and 

21 any actions of, the Secretary under paragraph (1)— 

22 (A) shall be subject to review only as pro23 vided in section 6; and 

24 (B) shall not be subject to— 


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1 (i) quiet title proceedings under any 

2 other provision of law; or 

3 (ii) any other judicial or administra4 tive de novo or on the record reviews, 

5 claims, actions, or proceedings. 

6 (6) FEDERAL REGISTER NOTICE OF FINAL

7 AGENCY ACTION.—Not later than 30 days after the 

8 date on which the document is delivered under para9 graph (1), the Secretary shall publish in the Federal 

10 Register notice of the action by the Secretary under 

11 that paragraph. 

12 SEC. 6. JUDICIAL REVIEW. 

13 (a) JURISDICTION.— 

14 (1) FILING.—If a claimant seeks to appeal the 

15 denial by the Secretary of a claimed R.S. 2477 

16 right-of-way under this Act, the claimant shall file 

17 an appeal of the denial in the district court of the 

18 United States for the judicial district in which the 

19 longest lineal segment of the claimed R.S. 2477 

20 right-of-way is located. 

21 (2) EXCLUSIVE JURISDICTION.—A district 

22 court described in paragraph (1) shall have the ex23 clusive jurisdiction to decide the appeal on the 

24 record before the Secretary regarding the claimed 

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1 view on the record by a court with appropriate Fed2 eral appellate jurisdiction. 

3 (b) FILING.—Any action initiated under subsection 

4 (a) shall be filed not later than 120 days after the date 

5 on which the Secretary provides written notice to the 

6 claimant of the denial by the Secretary of the claimed R.S. 

7 2477 right-of-way. 

8 (c) PRIOR ADJUDICATION NOT AFFECTED.—Nothing 

9 in this Act affects a final settlement or final judgment in 

10 any court of competent jurisdiction before the date of the 

11 enactment of this Act in which the United States was a 

12 party in determining rights to a R.S. 2477 right-of-way. 

13 SEC. 7. APPLICABLE LAW AND TIME EXTENSIONS. 

14 (a) APPLICATION OF STATE AND FEDERAL LAW.— 

15 (1) IN GENERAL.—This Act shall apply with re16 spect to conclusively establishing the acceptance, 

17 scope, validity, or abandonment of a R.S. 2477 

18 right-of-way. 

19 (2) PREEMPTION.—In the case of any inconsist20 ency or conflict between the provisions of this Act 

21 and State law, this Act shall apply in determining 

22 the acceptance, scope, validity, and abandonment of 

23 a R.S. 2477 right-of-way. 

24 (b) EXTENSION.—The Secretary shall grant a 1-time 

25 extension of up to 180 days for any deadline established 


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1 by this Act for a maximum period of 1 year, for good 

2 cause, if the claimant submits to the Secretary, not later 

3 than 30 days before the date on which the deadline ex4 pires, a written request for the extension signed by the 

5 claimant under oath or affirmation. 

6 SEC. 8. IMPLEMENTATION REQUIRED. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary shall com9 plete all policies, procedures, delegations, forms, and any 

10 other action necessary to implement this Act and, on the 

11 completion of the actions described in paragraph (1), 

12 begin processing claims under this Act. 

13 (b) INJUNCTION; LIABILITY.—The duties and obliga14 tions of the Secretary under this section— 

15 (1) are enforceable by injunction or restraining 

16 order; and 

17 (2) may result in official and personal civil li18 ability. 

19 SEC. 9. EFFECT; APPLICABILITY. 

20 (a) EFFECT ON OTHER LAWS.—Nothing in this Act 

21 affects or modifies— 

22 (1) title V of the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1761 et seq.); or 

24 (2) title XI of the Alaska National Interest 

25 Lands Conservation Act (16 U.S.C. 3161 et seq.). 


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1 (b) EXCLUDED LAND.—Nothing in this Act applies 

2 to or affects— 

3 (1) the use of Department of Defense land or 

4 land with respect to which the Department of De5 fense shares control or jurisdiction; 

6 (2) land that is not owned by the United 

7 States; 

8 (3) land held in trust by the Secretary of the 

9 Interior for any Indian Tribe; or 

10 (4) land within the boundary of— 

11 (A) a National Park (to exclude lands 

12 other than National Parks which are under the 

13 jurisdiction or administration of the National 

14 Park Service); or 

15 (B) a congressionally designated National 

16 Wilderness Area. 

17 (c) EFFECT ON CLAIMS.—This Act and the proce18 dures and process implemented under this Act— 

19 (1) shall apply to— 

20 (A) claims filed pursuant to this Act after 

21 the date of the enactment of this Act; and 

22 (B) claims filed before the date of the en23 actment of this Act for which a final determina24 tion has not been issued and which have been 

25 converted by claimant for processing under the 


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1 provisions of this Act by filing the claim under 

2 section 4; and 

3 (2) shall not affect the ability of a claimant to 

4 file or maintain a suit with respect to the claimed 

5 R.S. 2477 right-of-way under section 2409a(m) of 

6 title 28, United States Code, if the claimant has not 

7 filed a claim under section 4 regarding that R.S. 

8 2477 right-of-way. 

9 SEC. 10. REPEAL OF RESTRICTIONS ON REGULATIONS. 

10 Section 108 of the Department of the Interior and 

11 Related Agencies Appropriations Act, 1997 (Public Law 

12 104–208; 110 Stat. 3009–200) is repealed. 

Æ 


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