[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2081 Introduced in House (IH)]

  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 
subsequently 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 Representatives 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 SECTION 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 Secretary 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 description 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 Secretary under subsection (a), 
        the Secretary shall notify 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 subdivision thereof indicating acceptance of the 
        grant.
            (2) Recognition.--To the extent the Secretary accepts the 
        right-of-way, the provisions of section 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 thereof, 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 Secretary under subsection (a).

SEC. 3. JUDICIAL REVIEW.

    (a) Quiet Title Action Relating to Objections.--Not later than two 
years after the date on which
 the Secretary notifies a holder under section 2(b) of objections 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 pursuant 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 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 
        subdivision thereof indicating acceptance of the grant;
            (3) the land on which the right-of-way is located was 
        reserved for public use at the time of acceptance 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, description, 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 Secretary 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 described in section 2 from 
bringing an action at any time to quiet title with respect to such 
right-of-way under section 2409a of title 28, United States Code, nor 
shall any proceedings taken pursuant to this Act be deemed a 
prerequisite 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 proceeding the law of the State where the right-of-
way is located 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 binding 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 Revised Statutes which was in use 
prior to October 21, 1976, until one year after providing notice to the 
State and any political subdivision thereof with jurisdiction over 
highways in that location which describes the right-of-way and the 
purpose of the intended closure. In no event shall the Secretary close 
any such right-of-way if closure would leave any non-Federal lands 
adjoining the right-of-way without an established public or private 
access.
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