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

                                                       Calendar No. 395
104th CONGRESS
  2d Session
                                S. 1425

                          [Report No. 104-261]

 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

                              May 9, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Revised Statutes 2477 
Rights-of-Way Settlement Act''.</DELETED>

<DELETED>SEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS GRANTED 
              UNDER REVISED STATUTES SECTION 2477.</DELETED>

<DELETED>    (a) Notice of R.S. 2477 Right-of-Way.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Filing of notice.--The notice shall--
        </DELETED>
                <DELETED>    (A) be filed not later than 5 years after 
                the date of enactment of this Act;</DELETED>
                <DELETED>    (B) identify the State and political 
                subdivision of a State through which the right-of-way 
                passes; and</DELETED>
                <DELETED>    (C) contain a map and a general 
                description of the route, termini, and width of the 
                right-of-way.</DELETED>
<DELETED>    (b) Recognition of or Objection to Right-of-Way by the 
Secretary.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in accordance with the law of the 
                State where the right-of-way is located; or</DELETED>
                <DELETED>    (B) by an affirmative act of a State or 
                political subdivision of a State indicating acceptance 
                of the grant of the right-of-way.</DELETED>
        <DELETED>    (2) Objections.--If the Secretary objects to the 
        right-of-way as filed under subsection (a), the Secretary 
        shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) provide the factual and legal basis 
                for each objection.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. JUDICIAL REVIEW.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) the right-of-way was not a public right-of-
        way;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) the width of the right-of-way identified in 
        the notice of the right-of-way exceeds the width permitted 
        under State law.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. MANAGEMENT OF LANDS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) 12 years after the date of a notice of 
        objection from the Secretary under section 2(b)(1); 
        or</DELETED>
        <DELETED>    (2) the termination of the limitation period under 
        section 2409a of title 28, United States Code.</DELETED>
<DELETED>    (b) Application of State Law.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
No final rule or regulation of any agency of the Federal Government 
pertaining to the recognition, management, or validity of a right-of-
way pursuant to Revised Statute 2477 (43 U.S.C. 932) shall take effect 
unless expressly authorized by an Act of Congress subsequent to the 
date of enactment of this Act.
                                                       Calendar No. 395

104th CONGRESS

  2d Session

                                S. 1425

                          [Report No. 104-261]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 9, 1996

                       Reported with an amendment