R.S. 2477 Rights-of-Way Act of 2003

Bill: 108-hr-1639
Sponsor: Rep. Udall, Mark [D-CO-2]
Introduced: 2003-04-03 in the House
Policy area: Public Lands and Natural Resources
Subjects: Administrative remedies
Animals
Armed Forces and National Security
Civil actions and liability
Claims
Commemorations
Compensation (Law)
District courts
Eminent domain
Evidence (Law)
Federal-Indian relations
Federal-local relations
Federal-state relations
Government Operations and Politics
Government paperwork
Government publicity
Highway maintenance
Indian lands
Judicial review
Land transfers
Law
Limitation of actions
Military bases
Minorities
National monuments
National parks
Newspapers
Public records
Right-of-way
Roads and highways
Sports and Recreation
State laws
Surveying
Trails
Transportation and Public Works
Water Resources Development
Wild rivers
Wilderness areas
Wildlife refuges

Summary:
action_date: 2003-04-03
text: R.S. 2477 Rights-of-Way Act of 2003 - Permits the filing of claims asserting the existence and validity of right-of-ways pursuant to a repealed section of the Revised Statutes (R.S. 2477) to build highways across public land not reserved for public uses.
Declares that claimants shall have the burden to prove that the grant of a right-of-way was validly accepted and not abandoned. Presumes abandoned claims involving lands within a conservation system unit, an inventoried roadless area, or a wilderness study area or that are former Federal lands, unless use was open and notorious.
Directs an authorized Federal officer to review the evidence put forth by a claimant that: (1) a R.S. 2477 right-of-way contains sufficient evidence to prove prior construction and use of a highway over unreserved public lands; and (2) if there is evidence of such a highway, that the right-of-way was not abandoned.
Subjects the administrative record of a final decision of an authorized Federal officer to judicial review.
Allows the United States to retain exclusive possession or control of the lands traversed by a valid right-of-way or any part thereof, upon payment to the claimant of an amount set by the relevant district court.
Recognizes the prior adjudication of claimed right-of-ways by courts of competent jurisdiction. States that nothing in this Act shall be construed to alter provisions of: (1) the Federal Land Policy and Management Act of 1976 regarding right-of-ways with respect to public lands and National Forest System lands; or (2) the Alaska National Interest Lands Conservation Act pertaining to Alaska's transportation and utility network.

Legislative actions:
action_date: 2003-04-15
text: Executive Comment Requested from Interior.
action_date: 2003-04-15
text: Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
action_date: 2003-04-15
text: Referred to the Subcommittee on Forests and Forest Health.
action_date: 2003-04-15
text: Referred to the Subcommittee on National Parks, Recreation and Public Lands.
action_date: 2003-04-03
text: Referred to the House Committee on Resources.
action_date: 2003-04-03
text: Sponsor introductory remarks on measure. (CR E671-672)
action_date: 2003-04-03
text: Introduced in House
action_date: 2003-04-03
text: Introduced in House