I 
110TH CONGRESS 
1ST SESSION H. R. 3157 
To amend the National Trails System Act relating to the statute of limitations 
that applies to certain claims. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2007 
Mr. CARNAHAN (for himself, Mr. CLAY, Mr. AKIN, and Mr. GRAVES) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committee on the Judiciary, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the National Trails System Act relating to the 
statute of limitations that applies to certain claims. 
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 ‘‘Trails Act Technical 
Correction Act of 2007’’. 
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SEC. 2. CLAIMS AGAINST UNITED STATES FOR INTERIM 
USE OF RIGHTS-OF-WAY. 
(a) AMENDMENT
TO NATIONAL TRAILS SYSTEM 
ACT.—Section 8(d) of the National Trails System Act (16 
U.S.C. 1247(d)) is amended— 
(1) by striking ‘‘The Secretary of Transpor-
tation’’ and inserting ‘‘(1) The Secretary of Trans-
portation’’; and 
(2) by adding at the end the following: 
‘‘(2) In any action brought against the United 
States, by the owner of property that is subject to 
a railroad right-of-way and to interim use described 
in paragraph (1), for damages sustained by reason 
of paragraph (1), the claim for damages shall not be 
deemed to first accrue for purposes of the limita-
tions period prescribed by sections 2401 and 2501 
of title 28, United States Code, before the date on 
which the State, political subdivision, or qualified 
private organization enters into an agreement with 
the railroad to assume full responsibility for such 
right-of-way and interim use under paragraph (1).’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
subsection (a) shall take effect on the date of the en-
actment of this Act and shall apply to any civil ac-
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tion pending on, or commenced on or after, such 
date of enactment. 
(2) PRIOR ORDERS VACATED UPON REQUEST.— 
If, not later than 1 year after the date of the enact-
ment of this Act, a party to the case or the party’s 
successor in interest files with the court a request 
that an order be vacated, the order shall be vacated 
by the court if the order— 
(A) was entered, before the date of the en-
actment of this Act, by a court in a case pend-
ing on such date of enactment; and 
(B) is inconsistent with the amendments 
made by subsection (a). 
(c) JUDICIAL REVIEW.— 
(1) REVIEW
OF
CERTAIN
CLAIMS.—Notwith-
standing any other provision of law, the court in 
which the claim was originally filed shall review on 
the merits, without regard to the defense of res judi-
cata or collateral estoppel, any claim that— 
(A) was brought against the United States, 
by the owner of property that is subject to a 
railroad right-of-way and to interim use de-
scribed in paragraph (1) of section 8(d) of the 
National Trails System Act, for damages sus-
tained by reason of such section 8(d); 
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(B) was dismissed, before the date of the 
enactment of this Act, for not being brought 
within the time period provided under section 
2401 or 2501 of title 28, United States Code; 
and 
(C) would have been considered to have 
been brought in a timely manner if the amend-
ments made by subsection (a) had been in ef-
fect when the claim was brought, if the claim-
ant applies to the court for such review not 
later than 60 days after the date of the enact-
ment of this Act. 
(2) ACTION BY THE COURT.—In reviewing a 
claim under paragraph (1), the court shall receive 
and consider any additional evidence, including oral 
testimony, that any party may wish to provide and 
shall determine the issues de novo. 
Æ 
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