ing a claimed R.S. 2477 right-of-way prior to 
October 21, 1976. 
(B) Historical or other records of govern-
ment entities or records constructed, obtained, 
or kept by a government in the ordinary course 
of business, including Federal, State, local, and 
territorial records, such as records of the De-
partments of the Interior, Agriculture, or De-
fense, the Bureau of Land Management, the 
Forest Service, the Natural Resources Con-
servation Service, the Soil Conservation Service, 
General Land Office, Federal centers or en-
claves, the Smithsonian Institution, and the Li-
brary of Congress that show that the right-of- 
way was accepted by a State or county govern-
mental authority prior to October 21, 1976. 
(C) Maps, plats, maintenance records (in-
cluding actual or estimated costs of mainte-
nance), photographs, or other computer-gen-
erated images demonstrating that the claimed 
R.S. 2477 right-of-way was regularly main-
tained by a State or county governmental au-
thority or private individual prior to October 
21, 1976. 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
(D) Written or transcribed oral statements 
given under oath before a notary public, court 
reporter, judge or any other government official 
authorized by law to administer oaths or other-
wise authenticated stating that the right-of-way 
was regularly maintained by a State or local 
government or private individual prior to Octo-
ber 21, 1976. 
(2) CATEGORY 2.—Category 2 evidence consists 
the following types of evidence: 
(A) In addition to the records described in 
paragraph (1)(B) and(C), other historical 
records including original documents, authenti-
cated copies, facsimiles, and computer-trans-
mitted images (including aerial photographs, 
topographical maps, and government road 
maps), reliably showing evidence of public usage 
of a R.S. 2477 right-of-way before October 21, 
1976. 
(B) Written or transcribed oral statements 
given under oath before a notary public, court 
recorder, judge or any other government official 
authorized by law to administer oaths or other-
wise authenticated reciting reliable knowledge 
of the facts that establish the acceptance by 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
public usage of the R.S. 2477 right-of-way be-
fore October 21, 1976. 
(d) DETERMINATION OF ABANDONMENT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which a R.S. 2477 right-of-way is con-
clusively established as accepted under subsection 
(b)(1), the Secretary shall determine, in writing, 
whether the R.S. 2477 right-of-way has been pre-
viously abandoned by the claimant. 
(2) FAILURE TO MAKE DETERMINATION.—The 
failure of the Secretary to make a written deter-
mination within the 90-day period described in para-
graph (1) shall conclusively establish that the right- 
of-way has not been abandoned. 
(3) FINAL
AGENCY
ACTION.—The determina-
tion by the Secretary under paragraph (1), or the 
failure to make the determination by the date de-
scribed in that paragraph, shall be a final agency ac-
tion, subject to appeal by the claimant only in ac-
cordance with section 6. 
(e) 
DISCLAIMER
AND
RELINQUISHMENT
RE-
QUIRED.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which evidence establishing accept-
ance of a R.S. 2477 right-of-way has been filed 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
under this section, the Secretary shall deliver to the 
claimant a written document disclaiming and relin-
quishing the right and interest of the United States 
in and to the R.S. 2477 right-of-way. 
(2) FORM.—The disclaimer and relinquishment 
under paragraph (1) shall be in a form that allows 
the recording of the disclaimer and relinquishment 
in State and local real estate records. 
(3) IMPROVEMENT
CONSULTATION.—The dis-
claimer and relinquishment shall clearly state that 
any future improvement of an R.S. 2477 right-of- 
way is conditioned upon consultation with the Sec-
retary. 
(4) RECORDING.—The disclaimer and relin-
quishment under paragraph (1) shall— 
(A) be recorded in the public land records 
under the jurisdiction of the Secretary; and 
(B) conclusively establish the title of the 
claimant to the R.S. 2477 right-of-way. 
(5) REVIEW.—The document delivered by, and 
any actions of, the Secretary under paragraph (1)— 
(A) shall be subject to review only as pro-
vided in section 6; and 
(B) shall not be subject to— 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
(i) quiet title proceedings under any 
other provision of law; or 
(ii) any other judicial or administra-
tive de novo or on the record reviews, 
claims, actions, or proceedings. 
(6) FEDERAL
REGISTER
NOTICE
OF
FINAL 
AGENCY ACTION.—Not later than 30 days after the 
date on which the document is delivered under para-
graph (1), the Secretary shall publish in the Federal 
Register notice of the action by the Secretary under 
that paragraph. 
SEC. 6. JUDICIAL REVIEW. 
(a) JURISDICTION.— 
(1) FILING.—If a claimant seeks to appeal the 
denial by the Secretary of a claimed R.S. 2477 
right-of-way under this Act, the claimant shall file 
an appeal of the denial in the district court of the 
United States for the judicial district in which the 
longest lineal segment of the claimed R.S. 2477 
right-of-way is located. 
(2) 
EXCLUSIVE
JURISDICTION.—A 
district 
court described in paragraph (1) shall have the ex-
clusive jurisdiction to decide the appeal on the 
record before the Secretary regarding the claimed 
R.S. 2477 right-of-way, subject only to appeal or re-
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
view on the record by a court with appropriate Fed-
eral appellate jurisdiction. 
(b) FILING.—Any action initiated under subsection 
(a) shall be filed not later than 120 days after the date 
on which the Secretary provides written notice to the 
claimant of the denial by the Secretary of the claimed R.S. 
2477 right-of-way. 
(c) PRIOR ADJUDICATION NOT AFFECTED.—Nothing 
in this Act affects a final settlement or final judgment in 
any court of competent jurisdiction before the date of the 
enactment of this Act in which the United States was a 
party in determining rights to a R.S. 2477 right-of-way. 
SEC. 7. APPLICABLE LAW AND TIME EXTENSIONS. 
(a) APPLICATION OF STATE AND FEDERAL LAW.— 
(1) IN GENERAL.—This Act shall apply with re-
spect to conclusively establishing the acceptance, 
scope, validity, or abandonment of a R.S. 2477 
right-of-way. 
(2) PREEMPTION.—In the case of any inconsist-
ency or conflict between the provisions of this Act 
and State law, this Act shall apply in determining 
the acceptance, scope, validity, and abandonment of 
a R.S. 2477 right-of-way. 
(b) EXTENSION.—The Secretary shall grant a 1-time 
extension of up to 180 days for any deadline established 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
by this Act for a maximum period of 1 year, for good 
cause, if the claimant submits to the Secretary, not later 
than 30 days before the date on which the deadline ex-
pires, a written request for the extension signed by the 
claimant under oath or affirmation. 
SEC. 8. IMPLEMENTATION REQUIRED. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall com-
plete all policies, procedures, delegations, forms, and any 
other action necessary to implement this Act and, on the 
completion of the actions described in paragraph (1), 
begin processing claims under this Act. 
(b) INJUNCTION; LIABILITY.—The duties and obliga-
tions of the Secretary under this section— 
(1) are enforceable by injunction or restraining 
order; and 
(2) may result in official and personal civil li-
ability. 
SEC. 9. EFFECT; APPLICABILITY. 
(a) EFFECT ON OTHER LAWS.—Nothing in this Act 
affects or modifies— 
(1) title V of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1761 et seq.); or 
(2) title XI of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3161 et seq.). 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
(b) EXCLUDED LAND.—Nothing in this Act applies 
to or affects— 
(1) the use of Department of Defense land or 
land with respect to which the Department of De-
fense shares control or jurisdiction; 
(2) land that is not owned by the United 
States; 
(3) land held in trust by the Secretary of the 
Interior for any Indian Tribe; or 
(4) land within the boundary of— 
(A) a National Park (to exclude lands 
other than National Parks which are under the 
jurisdiction or administration of the National 
Park Service); or 
(B) a congressionally designated National 
Wilderness Area. 
(c) EFFECT ON CLAIMS.—This Act and the proce-
dures and process implemented under this Act— 
(1) shall apply to— 
(A) claims filed pursuant to this Act after 
the date of the enactment of this Act; and 
(B) claims filed before the date of the en-
actment of this Act for which a final determina-
tion has not been issued and which have been 
converted by claimant for processing under the 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS
provisions of this Act by filing the claim under 
section 4; and 
(2) shall not affect the ability of a claimant to 
file or maintain a suit with respect to the claimed 
R.S. 2477 right-of-way under section 2409a(m) of 
title 28, United States Code, if the claimant has not 
filed a claim under section 4 regarding that R.S. 
2477 right-of-way. 
SEC. 10. REPEAL OF RESTRICTIONS ON REGULATIONS. 
Section 108 of the Department of the Interior and 
Related Agencies Appropriations Act, 1997 (Public Law 
104–208; 110 Stat. 3009–200) is repealed. 
Æ 
VerDate Sep 11 2014 
22:09 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6301
E:\BILLS\H8798.IH
H8798
kjohnson on DSK79L0C42PROD with BILLS