[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1425 Introduced in Senate (IS)]

  1st Session
                                S. 1425

 To recognize the validity of rights-of-way granted under section 2477 
            of the Revised Statutes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 27, 1995

 Mr. Murkowski (for himself, Mr. Hatch, Mr. Stevens, and Mr. Bennett) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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 STATUTES SECTION 2477.

    (a) Notice of R.S. 2477 Right-of-Way.--
            (1) In general.--Any State, political subdivision of a 
        State, or other holder of a right-of-way across public lands 
        that was granted under section 2477 of the Revised Statutes 
        before October 21, 1976, or any person who uses or could use 
        such a right-of-way for passage across public lands, shall file 
        with the head of the agency or department managing such public 
        lands (referred to in this Act as the ``Secretary'') a notice 
        of the right-of-way.
            (2) Filing of notice.--The notice shall--
                    (A) be filed not later than 5 years after the date 
                of enactment of this Act;
                    (B) identify the State and political subdivision of 
                a State through which the right-of-way passes; and
                    (C) contain a map and a general description of the 
                route, termini, and width of the right-of-way.
    (b) Recognition of or Objection to Right-of-Way by the Secretary.--
            (1) In general.--Not later than 2 years after the date on 
        which notice is filed with the Secretary under subsection (a), 
        the Secretary shall inform the person who filed the notice, and 
        the State, and political subdivision through which the right-
        of-way passes, in writing of any objection to, the right-of-way 
        or any portion of the right-of-way. The Secretary shall 
        recognize any right-of-way that was accepted or established--
                    (A) in accordance with the law of the State where 
                the right-of-way is located; or
                    (B) by an affirmative act of a State or political 
                subdivision of a State indicating acceptance of the 
                grant of the right-of-way.
            (2) Objections.--If the Secretary objects to the right-of-
        way as filed under subsection (a), the Secretary shall--
                    (A) specifically state any objections that the 
                right-of-way was not legally accepted or established or 
                is otherwise invalid and any objections to the route or 
                width of the right-of-way, or portion of the right-of-
                way; and
                    (B) provide the factual and legal basis for each 
                objection.
            (3) Effect of failure to object.--If the Secretary does not 
        object within the 2-year period from the date on which notice 
        is filed, the right-of-way shall be deemed to be valid as it 
        was presented to the Secretary.

SEC. 3. JUDICIAL REVIEW.

    (a) Quiet Title Action Relating to Objection.--Not later than 2 
years after the first date on which the Secretary notifies a holder, or 
person who filed a notice, under section 2(b) of objection to a right-
of-way, or portion of a right-of-way, the Secretary may bring an action 
based on the objection in the United States district court for the 
district in which the right-of-way or portion of the right-of-way is 
located to challenge the validity of the right-of-way or portion of the 
right-of-way.
    (b) Burden of Proof.--In any action brought under subsection (a), 
the United States shall bear the burden of proof on all issues, 
including, but not limited to, the burden of 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 law of the State where the right-of-way is 
        located or by an affirmative act of a State or political 
        subdivision of a State indicating acceptance of the grant of 
        the right-of-way;
            (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 width of the right-of-way identified in the notice 
        of the right-of-way exceeds the width permitted under State 
        law.
    (c) Failrue to Bring Action.--If the Secretary does not bring an 
action under subsection (a) within the 2-year period described in 
subsection (a), the right-of-way shall be deemed to be valid in the 
form in which it was filed with the Secretary.

SEC. 4. MANAGEMENT OF LANDS.

    (a) The Secretary shall record any valid right-of-way in the 
appropriate land records and on maps of the Secretary and shall manage 
the land subject of the right-of-way in a manner that does not 
interfere with the use of the right-of-way.
    (b) The Secretary, or any public land management official, is 
hereby prohibited from promulgating any regulations relating to R.S. 
2477 rights-of-way that are not essential to carry out the express 
purposes of this Act.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Quiet Title Action.--Nothing in this Act shall prevent the 
holder of a right-of-way described in section 2 from bringing an action 
to quiet title with respect to the right-of-way under section 2409a of 
title 28, United States Code, nor shall any proceedings taken under 
this Act be deemed to be a prerequisite to filing any such action. Such 
an action may be brought within the period ending on the later of--
            (1) 12 years after the date of a notice of objection from 
        the Secretary under section 2(b)(1); or
            (2) the termination of the limitation period under section 
        2409a of title 28, United States Code.
    (b) Application of State Law.--
            (1) In general.--Nothing in this Act limits the application 
        of State law in determining the validity of any right-of-way 
        granted under section 2477 of the Revised Statutes.
            (2) Proceedings.--In a proceeding to determine the validity 
        of such a right-of-way, the law of the State where the right-
        of-way is located shall determine the attributes of the right-
        of-way. The published regulations of the Department of the 
        Interior pertaining to section 2477 of the Revised Statutes 
        that were in effect on October 20, 1976, shall be binding on 
        the Secretary in all such proceedings.
    (c) NEPA.--The National Environmental Policy Act of 1969 (83 Stat. 
852) shall not be construed, in whole or in part, as requiring the 
preparation or submission of any environmental document for any action 
taken by the Secretary pursuant to this Act.
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