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 subse-
quently 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Revised Statutes 2477
Rights-of-Way Settlement Act’’.
SEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS
GRANTED UNDER REVISED STATUES SEC-
TION 2477.
(a) NOTICE
OF RS 2477 RIGHT-OF-WAY.—Any
State, political subdivision thereof, or other holder of a
right-of-way across public lands which was granted under
section 2477 of the Revised Statutes before the enactment
of the Federal Land Policy and Management Act of 1976,
or any person who uses or could use the right-of-way for
passage across such lands to access property in which such
person has an interest, may file with the appropriate Sec-
retary of the Department concerned (hereafter in this Act
referred to as the ‘‘Secretary’’) a notice of the right-of-
way. The notice shall be filed within 10 years after the
date of the enactment of this Act, shall identify the State
or political subdivision thereof through which the right-
of-way passes, and shall contain a map and a general de-
scription of the route, termini, and scope of the right-of-
way.
(b) RECOGNITION OF OR OBJECTION TO RIGHT-OF-
WAY BY THE SECRETARY.—
(1) IN
GENERAL.—Not later than two years
after the date on which notice is filed with the Sec-
retary under subsection (a), the Secretary shall no-
tify the holder, or other party giving notice, of the
recognition or objections of the Secretary of the
right-of-way or any portion thereof. In considering
any right-of-way notice filed under subsection (a),
the Secretary shall recognize any right-of-way which
was accepted or established in accordance with the
laws of the State where the right-of-way is located
or by an affirmative act of a State or political sub-
division thereof indicating acceptance of the grant.
(2) RECOGNITION.—To the extent the Sec-
retary accepts the right-of-way, the provisions of sec-
tion 4 shall apply.
(3) OBJECTIONS.—If the Secretary objects to
the right-of-way as presented under subsection (a),
the Secretary shall specifically state the Secretary’s
objections to the existence, identity of the holder,
route, or scope of the right-of-way, or portion there-
of, and shall provide the factual and legal basis for
each objection.
(4) EFFECT OF FAILURE TO OBJECT.—If the
Secretary does not object within the two-year period
required by this subsection, the right-of-way shall be
deemed to be valid as it was presented to the Sec-
retary under subsection (a).
SEC. 3. JUDICIAL REVIEW.
(a) QUIET TITLE ACTION RELATING
TO OBJEC-
TIONS.—Not later than two years after the date on which
the Secretary notifies a holder under section 2(b) of objec-
tions to a right-of-way, or portion thereof, the Secretary
may bring an action based on those objections in a United
States district court in which the right-of-way or a portion
thereof is located to challenge the validity of the right-
of-way or portion thereof.
(b) BURDEN OF PROOF.—In any action brought pur-
suant to subsection (a), the United States shall bear the
burden of proof on all issues, including (but not limited
to) proving that—
(1) the right-of-way was not a public right-of-
way;
(2) the right-of-way was not accepted or estab-
lished in accordance with the laws of the State
where the right-of-way is located or by an affirma-
tive act of a State or political subdivision thereof in-
dicating acceptance of the grant;
(3) the land on which the right-of-way is lo-
cated was reserved for public use at the time of ac-
ceptance of the right-of-way; and
(4) the scope of the right-of-way identified in
the notice of right-of-way exceeds that permitted
under State law.
(c) FAILURE TO BRING ACTION.—If the Secretary
does not bring such an action within the two-year period
required by this subsection, the right-of-way shall be
deemed to be valid in the form presented under section
2(a).
(d) STANDING.—Standing to challenge an action of
the Secretary under this Act relating to the existence, de-
scription, route, or scope of a right-of-way shall be limited
to a party with a claim of a property interest in or to
the right-of-way or in lands served thereby.
SEC. 4. MANAGEMENT OF LANDS.
A right-of-way accepted or deemed to be accepted
under this Act is valid. The Secretary shall record the
right-of-way in the land records and on maps of the Sec-
retary and shall manage the lands subject to the right-
of-way accordingly.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) QUIET TITLE ACTION.—Nothing in this Act shall
be construed to prevent the holder of a right-of-way de-
scribed in section 2 from bringing an action at any time
to quiet title with respect to such right-of-way under sec-
tion 2409a of title 28, United States Code, nor shall any
proceedings taken pursuant to this Act be deemed a pre-
requisite to filing any such action. Such action may be
brought within the later of—
(1) 12 years from the date of notice of objection
from the Secretary under section 2(b)(1); or
(2) the termination of the limitations period
under section 2409a of title 28, United States Code.
(b) RELINQUISHMENT NOT REQUIRED.—Nothing in
this Act shall be construed to require a relinquishment of
a right-of-way granted under section 2477 of the Revised
Statutes. A failure to file the notice provided for under
section 2(a) does not constitute a relinquishment of any
such right-of-way.
(c) APPLICATION OF STATE LAW.—Nothing in this
Act shall be construed to limit the application of State
law in determining the validity of rights-of-way granted
under section 2477 of the Revised Statutes. In every pro-
ceeding the law of the State where the right-of-way is lo-
cated shall determine the scope of the right-of-way. The
published regulations of the Department of the Interior
pertaining to section 2477 of the Revised Statutes which
were in effect until the date of enactment of the Federal
Land Policy and Management Act of 1976 shall be bind-
ing on the Secretary in all such proceedings.
(d) NEPA.—The National Environmental Policy Act
of 1969 shall not apply with respect to actions taken to
carry out this Act.
(e) ROAD CLOSURES.—The Secretary shall not close
any right-of-way granted under section 2477 of the Re-
vised Statutes which was in use prior to October 21, 1976,