shall monthly publish a list of the notices of claims in a 
newspaper of general distribution in the vicinity of such 
claims. To the extent practicable, the authorized officer 
shall also seek to specifically notify the current owners of 
former Federal lands concerning claims affecting such 
lands.’’ 
(e) EFFECT OF FAILURE TO MEET NOTICE OF A 
CLAIM FILING DEADLINE.— 
(1) DEEMED RELINQUISHMENT OF RIGHTS.— 
The failure of a claimant to timely file a notice of 
a claim pursuant to this section shall be deemed to 
constitute a relinquishment of any rights purported 
to have been acquired under R.S. 2477 related to 
that claim. 
(2) REVIEW.—A deeming of a relinquishment 
pursuant to paragraph (1) shall be 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 
an affected claim lies. Any action initiated in district 
court pursuant to this paragraph shall be filed not 
later than the date that is 7 years after the date of 
enactment of this Act. 
(f) EXEMPTION.—This section shall not apply with 
respect to any claim or assertion based on R.S. 2477 that
has been the subject of any final determination of any 
Federal court or agency. For purposes of this Act, 
issuance of a document of disclaimer of interest or inter-
ests pursuant to section 315 of the Federal Land Policy 
and Management Act of 1976 ( 43 U.S.C. 1745) shall not 
constitute a final determination of a Federal agency. 
SEC. 4. OPPORTUNITY TO SUBMIT EVIDENCE IN SUPPORT 
OF CLAIM. 
(a) DEADLINE.—Any claimant who timely files a no-
tice of a claim pursuant to section 3(a) shall submit evi-
dence in support of such claim no later than 6 years after 
the date of the filing of such notice of claim. 
(b) REQUIREMENTS.—Evidence submitted to the au-
thorized officer pursuant to subsection (a) shall include 
at least the following: 
(1) The name, affiliation, address, phone num-
ber (and facsimile number if available) of the claim-
ant. 
(2) The names, affiliations, addresses, phone 
numbers (and facsimile numbers if available) of all 
persons or entities with property interests in land, as 
shown on the real estate records of the counties in 
which any portion of the claimed R.S. 2477 right- 
of-way is located, over which the claimed R.S. 2477
right-of-way lies, or counties that might claim some 
right, title, or interest in the right of way. 
(3) Proof of notification of the claim to all such 
persons and entities. 
(4) Identification of the entity that would have 
a property interest in the claimed R.S. 2477 right- 
of-way. 
(5) A description of the highway on which the 
claim is based, including identification of the high-
way on an official State or local map, if available, 
the name and number of the highway, if available, 
beginning and ending points, existing surveys of the 
highway, or portions thereof, or a survey of the 
highway. 
(6) Evidence that the claimed route is a high-
way. 
(7) Evidence of construction of the highway, 
which may include evidence of monetary expendi-
tures for highway construction. 
(8) A statement of whether any photographs, 
profiles, constructions, as-built or similar detail 
maps or diagrams of the right-of-way, are available 
and, if so, where such material may be viewed or 
copies obtained.
(9) Evidence that the claimed right-of-way tra-
versed public land not reserved for public use at the 
time construction of the highway occurred. 
(c) ADDITIONAL EVIDENCE FOR CLAIMS INVOLVING 
CONSERVATION LANDS, TRIBAL LANDS, DEPARTMENT OF 
DEFENSE LANDS, AND FORMER FEDERAL LANDS.—In 
addition to the evidence required in subsection (b), claim-
ants must also provide additional evidence when either of 
the following applies to the claim: 
(1) Where any portion of the claimed right-of- 
way involves conservation lands, tribal lands, and 
Department of Defense lands, evidence must be sub-
mitted to show that prior construction and con-
tinuing use of the lands for highway purposes were 
so open and notorious on and after the date on 
which the lands acquired such status that manage-
ment of such lands by the United States was in-
tended to be subject to continuation of the use of the 
lands for highway purposes. 
(2) Where any portion of the claimed right-of- 
way involves former Federal lands, evidence must be 
submitted to show that prior construction and con-
tinuing use of the lands for highway purposes were 
so open and notorious on and after the date on 
which the lands became former Federal lands that
the transfer of ownership by the United States was 
intended to be subject to continuation of the use of 
the lands for highway purposes. 
(d) OPPORTUNITY TO SUPPLEMENT EVIDENCE.—If 
the authorized officer determines that the evidentiary re-
quirements of this section have not been fully met with 
regard to a claim, the authorized officer shall, within 10 
days after the date in subsection (a), issue an order advis-
ing the claimant of the deficiencies and providing the 
claimant an opportunity to provide supplementary evi-
dence within 30 days of the date of such order. If the 
claimant fails to provide supplementary evidence by the 
end of the 30 days, or if the authorized officer determines 
that supplementary evidence provided within the 30 days 
is insufficient, the authorized officer shall issue a final ad-
ministrative determination that the claim is deemed to 
have been abandoned 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 is required with respect to the claim. 
The authorized officer shall submit such final administra-
tive determination to the claimant and shall provide gen-
eral notification as per the requirements of section 3(d). 
Such determination shall constitute final agency action
and shall be subject to judicial review pursuant to section 
5(j). 
SEC. 5. DETERMINATIONS BY AUTHORIZED OFFICER. 
(a) REVIEW OF EVIDENCE.—If the authorized officer 
determines that a claimant has submitted all the required 
evidence with respect to a claim within the time allowed 
for such submission, the authorized officer shall review the 
evidence in order to determine whether the claim should 
be considered presumptively valid. 
(b) BURDEN OF PROOF.—In all cases, a claimant 
shall have the burden to prove by a preponderance of the 
evidence that the grant of a right-of-way pursuant to R.S. 
2477 was validly accepted. 
(c) PRIVATE AND OTHER NON-FEDERAL 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 former 
Federal 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) and has 
demonstrated by clear and convincing evidence that on the 
date on which the lands became former Federal lands 
prior construction and continuing use of the claimed lands 
for highway purposes were so open and notorious that 
transfer of the lands by the United States was intended