to be subject to the continued use of the claimed lands 
for highway purposes. 
(d) CONSERVATION
AND DEFENSE LANDS.—If a 
claim or portion of a claim involves lands that as of the 
time of the filing of the notice of the claim are conserva-
tion lands or defense lands, the authorized officer shall 
determine the claim to be presumptively valid if the claim-
ant has met the burden of proof specified in subsection 
(b) and has demonstrated by clear and convincing evidence 
that on the date on which the lands acquired such status 
prior construction and continuing use of the claimed lands 
for highway purposes were so open and notorious that it 
was intended that management of the lands for conserva-
tion or defense purposes would be subject to the continued 
use of the claimed lands for highway purposes. 
(e) TRIBAL LANDS.—If a claim or portion of a claim 
involves lands that as of the time of the filing of the notice 
of the claim are tribal lands, the authorized officer shall 
determine the claim to be presumptively valid if the claim-
ant has met the burden of proof specified in subsection 
(b) and has demonstrated by clear and convincing evidence 
that on the date on which the lands acquired such status 
prior construction and continuing use of the claimed lands 
for highway purposes were so open and notorious that it
was intended that use of the claimed lands for highway 
purposes would continue. 
(f) OTHER LANDS.—If no portion of a claim involves 
former Federal lands, conservation lands, defense lands, 
or tribal lands, the authorized officer shall determine the 
claim to be presumptively valid if the claimant has met 
the burden of proof specified in subsection (b). 
(g) DETERMINATIONS.— 
(1) GENERAL RULE.—If the authorized officer 
is unable to determine that a claim is presumptively 
valid, the authorized officer shall determine that the 
claim is invalid and that any rights purported to 
have been acquired under R.S. 2477 with respect to 
the claim have been relinquished and that therefore 
no further administrative action on the claim is re-
quired. 
(2) NOTIFICATION.—The authorized officer 
shall notify in writing the claimant and each appro-
priate Federal agency and tribe regarding each de-
termination made pursuant to paragraph (1), and 
shall provide general notification to the public and 
affected parties of such determination pursuant to 
the requirements of section 3(d). 
(3) FINAL AGENCY ACTION; REVIEW.—A deter-
mination of the authorized officer pursuant to para-
graph (1) shall constitute final agency action, sub-
ject to review in the United States District Court for 
the District of Columbia or the United States Dis-
trict Court in the district within which the longest 
lineal portion of the claimed R.S. 2477 right-of-way 
lies. 
(4) FILING; LIMITED REVIEW.—Any action ini-
tiated in district court pursuant to paragraph (3) 
shall be filed not later than 3 years after the date 
of the written notice to the claimant from the au-
thorized officer. Judicial review of a determination 
of an authorized officer under paragraph (3) shall be 
limited to a review of the administrative record. 
(5) If the authorized officer determines that a 
claim is presumptively valid, the authorized officer 
shall follow the procedures specified in subsection 
(h). 
(h) PRESUMPTIVELY VALID CLAIMS.—If the author-
ized officer determines that a claim is presumptively valid, 
the authorized officer shall follow the following proce-
dures: 
(1) If the authorized officer determines that a 
claimant has submitted all the required evidence, 
and has met the relevant burden of proof as re-
quired in this section with respect to a claim, the au-
thorized officer, subject to the requirement of section 
6(g)(2), shall make a determination that the claim 
is presumptively valid. Within 10 days after such de-
termination, the authorized officer shall notify the 
claimant, each affected Federal agency, each county 
or other political subdivision within which any por-
tion of such claim is located, and the public and af-
fected parties pursuant to section 3(d) regarding 
each determination that a claim is presumptively 
valid, and shall provide an opportunity for any per-
son or entity to file an objection to the determina-
tion. 
(2) If within 180 days after the authorized offi-
cer’s providing of notice pursuant to paragraph (1), 
the authorized officer receives an objection to the de-
termination, the authorized officer shall notify the 
claimant of such objection and of the opportunity to 
provide a response thereto. 
(3) During the period of 30 days after receipt 
of a notification pursuant to paragraph (2), a claim-
ant shall be allowed to provide supplementary evi-
dence to the authorized officer that responds to the 
objection. 
(i) PUBLIC HEARING.—
(1) HEARING AT REQUEST OF PARTIES.—If ei-
ther the claimant or an objector submits a timely re-
quest for a public hearing regarding an objection to 
a determination that a claim is presumptively valid, 
the authorized officer shall conduct such a hearing 
at a convenient time and location within the county 
where the longest segment of the claim covered by 
such a determination is located. 
(2) TIMELY REQUESTS.—A request for a public 
hearing described in paragraph (1) shall be consid-
ered timely if received by the authorized officer no 
later than 40 days after receipt by the requesting 
party of a notice pursuant to subsection (h)(2), or 
by the objector if requested within 40 days after the 
objection has been made pursuant to subsection 
(h)(2). 
(3) PROCEDURE.—In conducting public hear-
ings pursuant to this subsection, an authorized offi-
cer shall afford claimants and objectors an oppor-
tunity to present evidence and shall allow the public 
an opportunity to comment and provide evidence 
supporting or opposing a determination that a claim 
is presumptively valid. 
(j) REVIEW.—
(1) IN GENERAL.—The authorized officer shall 
review all information submitted by a person or enti-
ty filing an objection and any information provided 
by any participant in a public hearing held pursuant 
to subsection (i) and after such review shall decide 
whether to affirm or revoke the previous determina-
tion that a claim is presumptively valid. 
(2) REVOCATION
OF
PREVIOUS
DETERMINA-
TION.—If the authorized officer decides to revoke a 
previous determination that a claim is presumptively 
valid, the authorized officer shall issue a determina-
tion pursuant to subsection (g)(1). 
(3) ISSUANCE OF DETERMINATION OF VALID-
ITY.—If the authorized officer decides to affirm the 
previous determination that a claim is presumptively 
valid, the authorized officer shall issue a determina-
tion of validity. 
(k) DETERMINATIONS OF VALIDITY.— 
(1) TIME FOR ISSUANCE.—If no party submits 
a timely objection to a determination that a claim is 
presumptively valid, the authorized officer shall issue 
a determination that the claim is valid within 10 
days after expiration of the opportunity to object in 
subsection (h)(2).
(2) FINAL AGENCY ACTION; REVIEW.—A deter-
mination issued pursuant to this subsection shall 
constitute final agency action, subject to review in 
the United States District Court for the District of 
Columbia or the United States District Court in the 
district within which the longest lineal portion of the 
lands affected by the claim is located. Any action 
initiated in district court pursuant to this paragraph 
shall be filed not later than 3 years after the date 
of the issuance of such determination. Judicial re-
view of a determination under this subsection shall 
be limited to a review of the administrative record. 
(l) FINDINGS.—Any determination of validity or pre-
sumptive validity shall include the following: 
(1) The basis for concluding that the grant of 
the right-of-way pursuant to R.S. 2477 over public 
lands not reserved for public use was validly accept-
ed prior to the latest available date. 
(2) A description of the valid or presumptively 
valid right-of-way, including its width, type of sur-
face, and the route between the beginning and end-
ing points of the right-of-way, as of the latest avail-
able date. 
(3) A description of the consultation carried out 
pursuant to section 6(g) and any necessary affirma-
tion of concurrence by any relevant and appropriate 
Federal agency and tribe. 
SEC. 6. PROCEDURES. 
(a) FEE EXEMPTION.—No State, county, or local 
government shall be charged a fee for the filing of a claim. 
(b) PRIORITIES.—In reviewing and processing claims, 
the authorized officer shall afford priority consideration 
as follows: 
(1) First priority shall be given to claims filed 
by a State, county, or local government. 
(2) Second priority shall be given to claims filed 
by a party other than a State, county, or local gov-
ernment and involving private or other non-Federal 
lands, conservation lands, defense lands, or tribal 
lands. 
(3) Third priority shall be given to all other 
claims. 
(c) TIMING.— 
(1) TIME FOR COMPLETION OF REVIEW.—To 
the extent practicable, the authorized officer shall 
complete the review of a claim within 1 year after 
the claimant has submitted evidence in support of 
the claim. 
(2) STATUS REPORT.—For all claims where a 
review has not been completed within 1 year, the au-
thorized officer shall provide the claimant a brief 
status report explaining the reasons for the delay 
and shall provide a public notice of the status report 
in the same manner as provided in section 3(d). 
(d) PARTICIPATION OF STATES, COUNTIES, LOCAL 
GOVERNMENTS, AND OTHERS.— 
(1) IN GENERAL.—In conducting the review of 
a claim, the authorized officer shall seek and con-
sider the views of affected States, counties, local 
governments, and tribal governments as well as ap-
propriate Federal agencies and the public. 
(2) COORDINATION AMONG APPROPRIATE FED-
ERAL AGENCIES.—In the review of a claim, the au-
thorized officer shall be responsible for coordinating 
with each appropriate Federal agency subject to the 
claim. 
(3) ALASKA CLAIMS.—With respect to claims 
involving lands in Alaska, the authorized officer 
shall also seek the views of and consult with any Na-
tive Corporation owning or controlling lands affected 
by a claim. 
(e) ELECTIONS TO ACQUIRE.— 
(1) RETENTION BY UNITED STATES.— 
(A) If judicial review of a determination 
made pursuant to this Act with respect to a
claim involving conservation lands, tribal lands, 
or defense lands results in a determination that 
a grant of a right-of-way pursuant to R.S. 2477 
was validly accepted and not relinquished, the 
United States nevertheless may retain such ex-
clusive possession or control of any conservation 
lands, tribal lands, or defense lands traversed 
by such right-of-way as it may elect, upon pay-
ment to the claimant of an amount the district 
court in the same action determines to be just 
compensation for such exclusive possession or 
control. 
(B) Before taking any action pursuant to 
subparagraph (A), the United States shall seek 
to reach an enforceable agreement with the 
claimant that will resolve the concerns that oth-
erwise would be resolved by such action. 
(2) RETENTION BY OWNER OF RECORD.— 
(A) IN GENERAL.—If judicial review of a 
determination made pursuant to this Act with 
respect to a claim involving former Federal 
lands results in a determination that a grant of 
a right-of-way pursuant to R.S. 2477 was val-
idly accepted by a party other than a State or 
a county or other political subdivision of a State
and not relinquished by such party, the owner 
or owners of record of such former Federal 
lands nevertheless may retain such exclusive 
possession or control of any such lands tra-
versed by such right-of-way as such owner or 
owners may elect, upon payment to the claim-
ant of an amount the district court in the same 
action determines to be just compensation for 
such exclusive possession or control. 
(B) AGREEMENT.—Before taking any ac-
tion pursuant to subparagraph (A), the owner 
or owners of record shall seek to reach an en-
forceable agreement with the claimant that will 
resolve the concerns that otherwise would be re-
solved by such action. 
(f) RECORDING REQUIREMENTS.— 
(1) SURVEY AND FILING.—Within 5 years after 
the date of publication in the Federal Register of a 
final administrative determination recognizing a 
valid R.S. 2477 right-of-way affecting lands owned 
by the United States, the claimant shall file the sur-
vey as described in section 4(b)(5) or any other sur-
vey that meets the relevant State legal requirements 
for land recordation with the State office of the Bu-
reau of Land Management and with the appropriate 
land records of the State. 
(2) FAILURE
TO
COMPLETE
AND
FILE
SUR-
VEY.—The failure of any claimant to complete and 
file a survey with the Bureau of Land Management 
within the time period specified in paragraph (1) 
shall be deemed to constitute a relinquishment of 
any rights purported to have been acquired under 
R.S. 2477. 
(3) JUDICIAL
REVIEW.—A deeming of relin-
quishment pursuant to this subsection shall be sub-
ject to review in the United States District Court for 
the District of Columbia or the United States Dis-
trict Court in the district within which the longest 
lineal portion of the claimed R.S. 2477 right-of-way 
lies. 
(4) STATUTE OF LIMITATIONS.—Any action ini-
tiated in district court pursuant to paragraph (3) 
shall be filed not later than 3 years after the date 
that recordation was required by paragraph (1). 
(g) CONSULTATION AND CONCURRENCE.— 
(1) CONSULTATION WHEN CERTAIN LANDS IN-
VOLVED.—With regard to claims any portion of 
which involve conservation lands, tribal lands, or De-
partment of Defense lands, the authorized officer