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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Historic Routes Preservation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. PURPOSE. 
The purpose of this Act is to preserve historical ac-
cess to the public lands by achieving judicial and adminis-
trative efficiency for, and to reduce the costs typically as-
sociated with, resolving right-of-way claims under R.S. 
2477 by— 
(1) reducing the burden on Federal courts by 
authorizing administrative procedures and estab-
lishing evidentiary standards for the processing of 
R.S. 2477 right-of-way claims; 
(2) establishing— 
(A) a deadline for filing R.S. 2477 right- 
of-way claims; 
(B) mandatory procedures for considering 
and acting on the R.S. 2477 right-of-way 
claims; and 
(C) uniform legal and evidentiary stand-
ards of proof of public acceptance of Federal 
R.S. 2477 right-of-way grants; 
(3) recognizing and protecting valid existing 
rights; and 
(4) requiring that any actions by a successful 
claimant improving, upgrading or expanding an R.S. 
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2477 right-of-way are conditioned upon consultation 
with the Secretary. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ABANDON OR ABANDONMENT.—The terms 
‘‘abandon’’ and ‘‘abandonment’’ mean formal action 
by the governing body of a claimant taken at a pub-
lic meeting pursuant to notice that declares all of 
claimant’s right, title, and claim to a R.S. 2477 
right-of-way is relinquished. 
(2) ACCEPTANCE
OR
ACCEPTED.—The terms 
‘‘acceptance’’ and ‘‘accepted’’ mean acts on the part 
of a claimant sufficient to manifest an intent to ac-
cept the open congressional offer under R.S. 2477 
right-of-way, including— 
(A) a positive or affirmative action by a 
State or county governmental authority on or 
before October 21, 1976, including— 
(i) a formal resolution or declaration 
of ownership of, or responsibility for main-
taining, a highway; or 
(ii) the inclusion of a highway in an 
official map that reflects such ownership or 
maintenance responsibility; 
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(B) the construction, improvement, repair 
or maintenance of a highway by a State or 
county governmental authority, or private party 
on or before October 21, 1976; or 
(C) the continuous use of a highway by the 
public for a period of not fewer than 5 consecu-
tive years ending on a date that is on or before 
October 21, 1976. 
(3) CLAIM.—The term ‘‘claim’’ means the as-
sertion of title to an R.S. 2477 right-of-way filed 
under section 4(a)(1). 
(4) CLAIMANT.—The term ‘‘claimant’’ means 
any State, county, political subdivision or agency of 
a State, corporation or other person asserting title 
to a right-of-way under R.S. 2477. 
(5) CONSTRUCTION.—The term ‘‘construction’’ 
means the physical activity reasonably necessary, ad-
visable, or desirable to allow safe, continuous public 
use over a highway according to the intended mode 
of travel or transportation, which may be established 
by the use of any tools or equipment, or other 
means, including mere usage. 
(6) CONTINUOUS PUBLIC USE.—The term ‘‘con-
tinuous public use’’ means the uninterrupted use of 
a highway by the public for passage as often as gen-
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erally regarded by the public to be convenient or 
necessary depending on the character of the road 
and the nature of the use and does not require a de-
termination of frequency of use. Continuous public 
use includes use that may be interrupted by events 
of nature or seasonal use. 
(7) DISCLAIMER AND RELINQUISHMENT.—The 
term ‘‘disclaimer and relinquishment’’ means any 
type of deed or equivalent document in a form suit-
able for recordation that is approved and issued by 
the Secretary disclaiming or relinquishing any own-
ership interest of the Federal Government in an 
R.S. 2477 right-of-way, including a deed or equiva-
lent document issued under section 315 of the Fed-
eral Land Policy and Management Act of 1976 (43 
U.S.C. 1745), or section (e) of the Federal Quiet 
Title Act (28 U.S.C. 2409a). A disclaimer issued by 
the Secretary is valid without judicial adjudication. 
(8) EVIDENCE.—The term ‘‘evidence’’ means 
any testimony, object, or document described in sec-
tion 5 that would be reliable, authentic, probative, 
and persuasive in Federal district court under the 
Federal Rules of Evidence that are in effect on the 
date of the enactment of this Act. 
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(9) HIGHWAY.—The term ‘‘highway’’ means 
any road, way, right-of-way, or other land surface 
route of travel over which the public has the right 
of use for passage, whether by carriage, animal, 
foot, or non-motorized or motorized vehicle. 
(10) IMPROVEMENT.—The term ‘‘improvement’’ 
is distinguished from ordinary maintenance and re-
pair and includes— 
(A) the widening of a highway; 
(B) the horizontal or vertical realignment 
of a highway; 
(C) the installation (as distinguished from 
cleaning, repair, or replacement in kind) of a 
bridge, culvert, or other drainage structure or 
conduit; or 
(D) any upgrade in the surface composi-
tion of a highway. 
(11) MAINTENANCE.—The term ‘‘maintenance’’ 
means the preservation of an existing highway, in-
cluding but not limited to— 
(A) the physical upkeep of the highway; 
(B) the repair or replacement of wear or 
damage to the highway, including to bridges, 
culverts, or other drainage structures or con-
duits, from natural or other causes; 
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(C) the restoration of the shape or path of 
the highway; and 
(D) the gradation of the highway or other 
measures to ensure that the shape of the high-
way permits drainage or safe passage over the 
highway by the public. 
(12) PUBLIC LAND.—The term ‘‘public land’’ 
means land— 
(A) that is owned, controlled by, or subject 
to the jurisdiction of the Federal Government 
for the benefit of the public; and 
(B) that was not reserved other, specific 
public purpose on the date on which a R.S. 
2477 right-of-way grant was accepted. 
(13) PUBLIC OR PUBLIC USER.— 
(A) IN GENERAL.—The terms ‘‘public’’ or 
‘‘public user’’ mean all natural persons author-
ized or otherwise allowed to enter or use public 
land, and includes Federal lessees, permittees, 
licensees, and invitees. 
(B) EXCEPTIONS.—The terms ‘‘public’’ or 
‘‘public user’’ do not include any Federal agent 
or employee acting within the scope of their 
agency or employment. 
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(14) R.S. 2477.—The term ‘‘R.S. 2477’’ means 
section 2477 of the Revised Statutes (43 U.S.C. 
932) repealed by section 706 of the Federal Land 
Policy and Management Act of 1976 (Public Law 
94–579; 90 Stat. 2793). 
(15) R.S. 2477 RIGHT-OF-WAY.—The term ‘‘R.S. 
2477 right-of-way’’ means an open-ended grant or 
dedication of land by the United States for a public 
right-of-way allowing public use and passage, which 
could be accepted by a claimant on or before Octo-
ber 21, 1976. 
(16) RESERVED.— 
(A) IN
GENERAL.—The term ‘‘reserved’’ 
means action by the Secretary, before the ear-
lier of a R.S. 2477 right-of-way acceptance or 
October 21, 1976— 
(i) to withdraw land from the public 
domain; 
(ii) to make the land unavailable for 
appropriation under public land laws; and 
(iii) to dedicate the land by the 
United States to a specific public purpose, 
such as a park, military establishment, wil-
derness area, tribal land, or Federal en-
clave, that does not rely on or otherwise 
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permit an R.S. 2477 right-of-way for the 
specific public purpose. 
(B) 
CLARIFICATION.—The 
term 
‘‘re-
served’’ does not apply to an action of the Sec-
retary with respect to the designation of a wil-
derness study area, an area of critical environ-
mental concern, lands not formally designated 
by Congress as wilderness, or lands with wilder-
ness characteristics. 
(17) SCOPE.— 
(A) The term ‘‘scope’’— 
(i) means the width of a R.S. 2477 
right-of-way as of October 21, 1976, in-
cluding the area reasonable and necessary 
to meet the public convenience or safety 
(including maintenance, repair and realign-
ment) or the exigencies of increased travel, 
based on the traditional uses of a highway; 
and 
(ii) is not limited to the disturbed sur-
face of the highway. 
(B) For the purposes of this definition, the 
right-of-way condition of a road that has been 
open for at least the previous 5 years shall be 
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used as a rebuttable presumption of what is 
reasonable and necessary. 
(18) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary with management jurisdiction 
over land owned or controlled by the United States 
on which a R.S. 2477 right-of-way is claimed to be 
located. 
SEC. 4. FILING OF CLAIM. 
(a) IN GENERAL.—A claimant of a right-of-way 
granted under R.S. 2477 may file a claim under this sec-
tion. 
(b) ADMINISTRATIVE CLAIM AFTER FILING CLAIM 
UNDER TITLE 28.— 
(1) IN
GENERAL.—A claimant is deemed to 
have filed a claim under paragraph (1) if, before the 
date of the enactment of this Act, the claimant— 
(A) filed a notice of an intent to file suit 
with respect to a claim asserting the public ac-
ceptance of a right-of-way granted under R.S. 
2477 under section 2409a(m) of title 28, 
United States Code; or 
(B) filed suit with respect to a claim as-
serting the public acceptance of a right-of-way 
granted 
under 
R.S. 
2477 
under 
section 
2409a(m) of title 28, United States Code. 
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(2) PENDING COURT ACTION.—If a claimant is 
deemed to have filed a claim under paragraph (1) 
with respect to a previously filed claim asserting the 
public acceptance of a right-of-way granted under 
R.S. 2477 under section 2409a(m) of title 28, 
United States Code, any suit filed by or on behalf 
of the claimant with respect to public acceptance of 
the right-of-way shall, except as to the preservation 
of evidence, be held in abeyance pending final deter-
mination under this Act and shall be dismissed with-
out prejudice when acceptance of the right-of-way is 
finally determined under this Act, and all challenges 
thereto have been exhausted. 
(c) FORM; CONTENTS.— 
(1) FORM.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary 
shall establish a form to be used by claimants for fil-
ing claims under this section. 
(2) CONTENTS.—A claim filed under subsection 
(a)(1) shall include— 
(A) a center line description, or other 
verified survey meeting generally accepted 
standards and procedures, clearly showing the 
location, route, direction, beginning and end 
points and length, together with an average 
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width of the claimed R.S. 2477 right-of-way as 
of a date certain; 
(B) evidence demonstrating the acceptance 
and scope of the claimed R.S. 2477 right-of- 
way; and 
(C) proof of notice or attempted notice by 
the claimant under subsection (e). 
(d) PLACE OF FILING.—A claimant shall file a claim 
in the appropriate State or regional location designated 
by the Secretary for the filing of claims under this section. 
(e) NOTICE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), a claimant shall provide notice of the 
right-of-way claim by— 
(A) at least once per week during the 2- 
week period immediately preceding the filing of 
the claim, publishing in a newspaper authorized 
to publish public notice under the laws of the 
State in which the longest lineal part of the 
claimed R.S. 2477 right-of-way is located, a 
general summary of the claim, including the lo-
cation and general description of the claimed 
R.S. 2477 right-of-way; and 
(B) not later than 30 days after the date 
on which the claim is filed, providing, or rea-
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sonably attempting to provide, written notice of 
the claim to all owners of land contiguous to 
the boundary of the claimed right-of-way. 
(2) ATTEMPTED NOTICE.—The reasonable at-
tempt of a claimant to provide written notice under 
paragraph (1)(B) shall be considered to be sufficient 
notice under this subsection if the claimant files with 
Secretary verification of the reasonable attempt 
under written oath or affirmation. 
(3) EXCEPTION.—Notwithstanding paragraph 
(1), a claimant shall be considered to have given suf-
ficient notice under this subsection if the claimant 
has filed a notice of an intent to file suit, or has 
filed suit, with respect to the claimed R.S. 2477 
right-of-way under section 2409a(m) of title 28, 
United States Code, on or before the date of the en-
actment of this Act. 
(f) EFFECT OF FAILURE TO MEET FILING DEAD-
LINE OR REQUIREMENTS.—If a claimant fails to comply 
with the requirements of— 
(1) subsection (a), the failure shall be consid-
ered to be an automatic irrevocable abandonment of 
any R.S. 2477 right-of-way claim; or 
(2) subsection (b), (c), or (d), the claim filed by 
the claimant shall not be processed until the date on 
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which the failure to comply with those subsections is 
cured. 
(g) STATUTE OF LIMITATIONS.—Except as provided 
in subsection (a)(1), any statute of limitations for assert-
ing title to an R.S. 2477 right-of-way under this section 
is waived. 
SEC. 5. EVIDENCE AND FINAL DECISION. 
(a) BURDEN OF PROOF.—A claimant shall have the 
burden to prove, by a preponderance of the evidence, the 
acceptance of a right-of-way under R.S. 2477. 
(b) EVIDENCE.— 
(1) IN GENERAL.—Acceptance and scope of the 
R.S. 2477 right-of-way shall be conclusively verified, 
proven, and established on filing, under oath or af-
firmation by a claimant attesting to the authenticity 
and accuracy, of— 
(A) at least one item of evidence from 
among the categories of evidence described in 
subsection (c)(1); or 
(B) at least two items of evidence from 
among the categories of evidence described in 
subparagraphs (A) or (B) of subsection (c)(2). 
(2) COPIES.—A copy of an original document 
may be used as evidence in the place of the original 
document under this section if the copy is accom-
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panied by a written declaration, under oath by a 
custodian, owner, or author, that the copy is an ac-
curate representation of the material terms of the 
original document. 
(3) HEARSAY.—Hearsay contained in a docu-
ment or otherwise provided shall be considered reli-
able, admissible, and probative for the purposes of 
this Act. 
(4) GRANT WITHDRAWAL.—Evidence produced 
that establishes that the United States reserved the 
land as herein defined underlying the claimed R.S. 
2477 right-of-way before acceptance conclusively es-
tablishes withdrawal of the Federal grant and de-
feats the claim. 
(c) DESCRIPTION OF CATEGORIES OF EVIDENCE.— 
For the purposes of processing claims under this Act, the 
following categories of evidence shall be considered: 
(1) CATEGORY 1.—Category 1 evidence consists 
of the following types of evidence: 
(A) Official minutes, resolutions, declara-
tions, or written agreements of a State or coun-
ty governmental body reflecting or otherwise 
memorializing a positive or affirmative action 
by a State or county governmental body accept-
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