[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3447 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3447

    To provide a means of resolving claims regarding the continued 
  existence of rights-of-way under former section 2477 of the Revised 
   Statutes, for the benefit of private landowners, State and local 
                      governments, and the public.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2005

Mr. Udall of Colorado introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To provide a means of resolving claims regarding the continued 
  existence of rights-of-way under former section 2477 of the Revised 
   Statutes, for the benefit of private landowners, State and local 
                      governments, and the public.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Highway Claims 
Resolution Act of 2005''.
    (b) Findings.--Congress finds the following:
            (1) In 1866, to assist in the opening of the West for 
        resource development and settlement, Congress enacted a law 
        that granted rights-of-way for the construction of highways 
        across public land not reserved for public uses. That law was 
        later included in the Revised Statutes as section 2477 and thus 
        became popularly known as R.S. 2477.
            (2) Section 706 of the Federal Land Policy and Management 
        Act of 1976 repealed R.S. 2477, but did not terminate valid 
        rights-of-way existing on the date of the enactment of the Act.
            (3) Between 1866 and 1976, millions of acres of Federal 
        lands were transferred to private parties under the Homestead 
        Act and other laws, while additional millions of acres of 
        Federal lands were transferred to States and other parties.
            (4) R.S. 2477 did not require notifying the Federal 
        Government or any other entity regarding utilization of 
        specific grants of highway rights-of-way or documentation in 
        the public land records regarding claims for such grants.
            (5) Therefore, the number and location of claimed highway 
        rights-of-way under R.S. 2477 are unknown. However, it is 
        estimated that potential claims for such rights-of-way could 
        involve thousands of square miles, including lands now owned by 
        private parties, States, and other non-Federal entities as well 
        as large amounts of Federal lands, including lands now used for 
        military training and testing and other national defense 
        purposes as well as lands that have been included in the 
        National Forest System, National Park System, National Wildlife 
        Refuge System, and National Wilderness Preservation System.
            (6) In recent years, controversies have arisen as to 
        whether certain claimed routes are valid highway rights-of-way 
        under R.S. 2477. This causes uncertainty both for parties 
        claiming to possess a property interest in such routes and for 
        the owners and managers of the lands affected by such claimed 
        routes.
            (7) Controversies related to claims under R.S. 2477 have 
        been exacerbated by the absence of uniform Federal standards 
        for review of such claims and by court decisions that have 
        failed to provide consistent guidance. To address these 
        problems, in 1992, Congress directed the Secretary of the 
        Interior to study the history, impacts, and status of R.S. 2477 
        rights-of-way, study alternatives to such rights-of-way, and 
        make recommendations for assessing claims for such rights-of-
        way.
            (8) Pursuant to this directive, officials of the Department 
        of the Interior consulted with interested parties in the public 
        land States and held public hearings in Alaska, California, 
        Idaho, Oregon, Montana, Nevada, and Utah. In addition, the 
        Department received and reviewed more than 4,000 pages of 
        written comments.
            (9) In June 1993, the Department of the Interior released 
        the report of the results of its study to Congress. The report 
        highlighted the need for a process whereby validly accepted 
        rights-of-way could be recognized and administered consistently 
        and fairly and recommended establishment of a uniform 
        administrative procedure and standards for determining within a 
        specified period which claimed rights-of-way were validly 
        accepted under the R.S. 2477 grant from the Federal Government.
            (10) It is in the interest of all who might be affected, 
        including private landowners, State and local governments, and 
        the public to provide consistent, coherent guidance regarding 
        evaluation and timely resolution of claims for rights-of-way 
        based on R.S. 2477.
    (c) Purpose.--The purpose of this Act is to provide certainty to 
affected private landowners, State and local governments, and the 
public by establishing a deadline for filing of claims for highway 
rights-of-way under R.S. 2477 and providing a process for consideration 
and resolution of such claims.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``appropriate Federal agency'' means any 
        Federal agency having management jurisdiction over lands owned 
        or controlled by the United States upon which a R.S. 2477 
        right-of-way is claimed to exist.
            (2) The term ``authorized officer'' means the a person 
        designated by the Secretary of the Interior to perform the 
        duties of an authorized officer pursuant to this Act with 
        respect to a claim. If a claim involves Federal lands under the 
        management jurisdiction of a Department or Departments other 
        than the Department of the Interior, the Secretary shall 
        consult with and obtain the concurrence of the head of each 
        such other Department with respect to the appointment of the 
        authorized officer.
            (3) The term ``claim'' means the appropriate documentation 
        filed under section 3 asserting the existence of, and a 
        property interest in, a right-of-way pursuant to R.S. 2477.
            (4) The term ``claimant'' means any State, political 
        subdivision of a State, or any other person or entity asserting 
        the existence and validity of a right-of-way pursuant to R.S. 
        2477, except a person or entity who, as of the date of 
        enactment of this Act, was barred from bringing a civil action 
        against the United States under section 2409a of title 28, 
        United States Code, to adjudicate the title to the relevant 
        lands.
            (5) The term ``conservation lands'' means lands that are 
        within a conservation system unit, an inventoried roadless 
        area, a wilderness inventory area, or a wilderness study area.
            (6) The term ``conservation system unit'' means--
                    (A) a unit of the National Park System;
                    (B) a unit of the National Wildlife Refuge System;
                    (C) a component of the National Wild and Scenic 
                Rivers System;
                    (D) a component of the National Trails System;
                    (E) a component of the National Wilderness 
                Preservation System;
                    (F) a National Monument; or
                    (G) any part of the National Landscape Conservation 
                System.
            (7) The term ``construction'' means an intentional physical 
        act, or series of intentional physical acts, using mechanical 
        tools, intended to prepare, and that accomplished preparation 
        of, a highway by a durable, observable, physical modification 
        of land to facilitate its use as a highway.
            (8) The term ``county'' means the primary political 
        subdivision of a State, including a borough in Alaska and a 
        parish in Louisiana.
            (9) The term ``former Federal lands'' means lands title to 
        which has passed from the United States to another owner.
            (10) The term ``highway'' means a significant thoroughfare 
        along a specific identified route that, prior to the latest 
        available date, was used by the public, without discrimination 
        against any individual or group, for the passage of vehicles 
        carrying people or goods from one place to another place.
            (11) The term ``inventoried roadless area'' means one of 
        the areas identified in the set of inventoried roadless areas 
        maps contained in the Forest Service Roadless Areas 
        Conservation, Final Environmental Impact Statement, Volume 2, 
        dated November 2000.
            (12) The term ``latest available date'' means the latest 
        date on which a right-of-way pursuant to R.S. 2477 could have 
        been acquired, which shall be prior to--
                    (A) October 21, 1976, in the case of lands that 
                were unreserved public lands as of that date; or
                    (B) the date the public lands were reserved for 
                public uses (such as date of withdrawal from entry or 
                designation of public use by statute, Presidential 
                proclamation or Executive order, Secretarial order, or 
                administrative decision) in the case of public lands 
                reserved for public uses before October 21, 1976.
                    (C) the date on which title vested in a person or 
                entity other than the United States in the case of 
                former Federal lands.
            (13) The term ``Native Corporation'' has the same meaning 
        as specified in section 3 of the Alaskan Native Claims 
        Settlement Act (43 U.S.C. 1602).
            (14) The terms ``public lands not reserved for public 
        uses'' and ``unreserved public lands'' mean lands owned by the 
        United States that were available and open to the public under 
        various public land laws that provided for disposition to the 
        public, including lands that had not yet been set aside, 
        dedicated, withdrawn, reserved, settled, preempted, entered, 
        appropriated, or disposed of, or on which claims had not been 
        located.
            (15) The term ``R.S. 2477'' means section 2477 of the 
        Revised Statutes, which was codified as section 932 of title 
        43, United States Code, prior to its repeal by section 706 of 
        the Federal Land Policy and Management Act of 1976 (Public Law 
        94-579; 90 Stat. 2793).
            (16) The term ``survey'' means the identification of a 
        highway using methods consistent with State and Federal 
        cadastral survey standards, where Federal Geographic Data 
        Committee metadata standards are used to document the accuracy 
        of the determined location of the highway and width so that 
        said determined location of the highway will not be 
        inappropriately used for cadastral surveying purposes.
            (17) The term ``wilderness inventory area'' means an area 
        of public lands determined by the Bureau of Land Management to 
        be an area possessing wilderness character or wilderness 
        characteristics through inventories conducted pursuant to 
        section 201 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1702).
            (18) The term ``wilderness study area'' means Federal land 
        identified as having wilderness characteristics in a land and 
        resources management plan for a unit of the National Forest 
        System or public lands being managed pursuant to the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
        so as not to impair their suitability for preservation as 
        wilderness through inclusion in the National Wilderness 
        Preservation System.

SEC. 3. FILING OF A NOTICE OF CLAIM.

    (a) Opportunity to File Notice of a Claim.--During the 4-year 
period beginning on the date of the enactment of this Act, a claimant 
asserting the existence and validity of a right-of-way pursuant to R.S. 
2477 across lands owned or controlled by the United States or former 
Federal lands may file a notice of a claim to that effect pursuant to 
this section.
    (b) Contents of a Notice of a Claim.--A notice of a claim filed 
under subsection (a) shall state the name and address of the claimant, 
provide a general description and general map of the location of the 
claimed R.S. 2477 right-of-way, and identify the county or counties in 
which the right-of-way is claimed. A notice of claim filed under 
subsection (a) involving former Federal lands shall include the names 
of the owners of record of such lands.
    (c) Place of Filing.--
            (1) Interior department.--A claimant may file the notice of 
        a claim either in the office of the Secretary of the Interior 
        in Washington, DC, or in an office designated by the Secretary 
        of the Interior pursuant to paragraph (2) in each State where 
        lands are located upon which the R.S. 2477 right-of-way is 
        claimed to exist.
            (2) State offices.--No later than 30 days after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        identify offices where notices of claims may be filed in 
        Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, 
        New Mexico, Oregon, Utah, Washington, and Wyoming and in 
        addition may identify such offices in such other States as the 
        Secretary considers appropriate.
            (3) Other federal departments.--If a notice filed pursuant 
        to this section involves lands owned by the United States, the 
        Secretary of the Interior shall provide a copy of each notice 
        to the head of each Federal agency responsible for control or 
        management of such lands and, in the case of a notice involving 
        lands controlled by the Department of Defense, also to the 
        commanding officer of the military installation having real 
        property accountability for such lands.
            (4) Former federal lands.--In the case of a claim involving 
        former Federal lands, the claimant shall provide to the current 
        owner of record of the lands a copy of the notice of the claim 
        as filed pursuant to this section.
            (5) County filing.--A claimant shall provide a copy of the 
        notice of a claim or claims to the county or counties where any 
        portion of the claimed right-of-way is purported to exist.
            (6) Authorized officer.--No later than 30 days after 
        receipt from a claimant of a notice filed pursuant to this 
        section, the Secretary of the Interior shall notify the 
        claimant regarding the identity of the authorized officer who 
        will be responsible for the claim.
    (d) Publication of Filing.--The authorized officer shall regularly 
post the filings of notices of claims on the authorized officer's 
agency Web site, shall publish in the Federal Register a monthly list 
of the notices of claims filed by State, shall monthly provide relevant 
counties a list of the notices of claims filed within those counties, 
and shall monthly publish a list of the notices of claims in a 
newspaper of general distribution in the vicinity of such claims. To 
the extent practicable, the authorized officer shall also seek to 
specifically notify the current owners of former Federal lands 
concerning claims affecting such lands.''
    (e) Effect of Failure to Meet Notice of a Claim Filing Deadline.--
            (1) Deemed relinquishment of rights.--The failure of a 
        claimant to timely file a notice of a claim pursuant to this 
        section shall be deemed to constitute a relinquishment of any 
        rights purported to have been acquired under R.S. 2477 related 
        to that claim.
            (2) Review.--A deeming of a relinquishment pursuant to 
        paragraph (1) shall be subject to review in the United States 
        District Court for the District of Columbia or the United 
        States District Court in the district within which the longest 
        lineal portion of an affected claim lies. Any action initiated 
        in district court pursuant to this paragraph shall be filed not 
        later than the date that is 7 years after the date of enactment 
        of this Act.
    (f) Exemption.--This section shall not apply with respect to any 
claim or assertion based on R.S. 2477 that has been the subject of any 
final determination of any Federal court or agency. For purposes of 
this Act, issuance of a document of disclaimer of interest or interests 
pursuant to section 315 of the Federal Land Policy and Management Act 
of 1976 ( 43 U.S.C. 1745) shall not constitute a final determination of 
a Federal agency.

SEC. 4. OPPORTUNITY TO SUBMIT EVIDENCE IN SUPPORT OF CLAIM.

    (a) Deadline.--Any claimant who timely files a notice of a claim 
pursuant to section 3(a) shall submit evidence in support of such claim 
no later than 6 years after the date of the filing of such notice of 
claim.
    (b) Requirements.--Evidence submitted to the authorized officer 
pursuant to subsection (a) shall include at least the following:
            (1) The name, affiliation, address, phone number (and 
        facsimile number if available) of the claimant.
            (2) The names, affiliations, addresses, phone numbers (and 
        facsimile numbers if available) of all persons or entities with 
        property interests in land, as shown on the real estate records 
        of the counties in which any portion of the claimed R.S. 2477 
        right-of-way is located, over which the claimed R.S. 2477 
        right-of-way lies, or counties that might claim some right, 
        title, or interest in the right of way.
            (3) Proof of notification of the claim to all such persons 
        and entities.
            (4) Identification of the entity that would have a property 
        interest in the claimed R.S. 2477 right-of-way.
            (5) A description of the highway on which the claim is 
        based, including identification of the highway on an official 
        State or local map, if available, the name and number of the 
        highway, if available, beginning and ending points, existing 
        surveys of the highway, or portions thereof, or a survey of the 
        highway.
            (6) Evidence that the claimed route is a highway.
            (7) Evidence of construction of the highway, which may 
        include evidence of monetary expenditures for highway 
        construction.
            (8) A statement of whether any photographs, profiles, 
        constructions, as-built or similar detail maps or diagrams of 
        the right-of-way, are available and, if so, where such material 
        may be viewed or copies obtained.
            (9) Evidence that the claimed right-of-way traversed public 
        land not reserved for public use at the time construction of 
        the highway occurred.
    (c) Additional Evidence for Claims Involving Conservation Lands, 
Tribal Lands, Department of Defense Lands, and Former Federal Lands.--
In addition to the evidence required in subsection (b), claimants must 
also provide additional evidence when either of the following applies 
to the claim:
            (1) Where any portion of the claimed right-of-way involves 
        conservation lands, tribal lands, and Department of Defense 
        lands, evidence must be submitted to show that prior 
        construction and continuing use of the lands for highway 
        purposes were so open and notorious on and after the date on 
        which the lands acquired such status that management of such 
        lands by the United States was intended to be subject to 
        continuation of the use of the lands for highway purposes.
            (2) Where any portion of the claimed right-of-way involves 
        former Federal lands, evidence must be submitted to show that 
        prior construction and continuing use of the lands for highway 
        purposes were so open and notorious on and after the date on 
        which the lands became former Federal lands that the transfer 
        of ownership by the United States was intended to be subject to 
        continuation of the use of the lands for highway purposes.
    (d) Opportunity to Supplement Evidence.--If the authorized officer 
determines that the evidentiary requirements of this section have not 
been fully met with regard to a claim, the authorized officer shall, 
within 10 days after the date in subsection (a), issue an order 
advising the claimant of the deficiencies and providing the claimant an 
opportunity to provide supplementary evidence within 30 days of the 
date of such order. If the claimant fails to provide supplementary 
evidence by the end of the 30 days, or if the authorized officer 
determines that supplementary evidence provided within the 30 days is 
insufficient, the authorized officer shall issue a final administrative 
determination that the claim is deemed to have been abandoned and that 
any rights purported to have been acquired under R.S. 2477 with respect 
to the claim have been relinquished and that therefore no further 
administrative action is required with respect to the claim. The 
authorized officer shall submit such final administrative determination 
to the claimant and shall provide general notification as per the 
requirements of section 3(d). Such determination shall constitute final 
agency action and shall be subject to judicial review pursuant to 
section 5(j).

SEC. 5. DETERMINATIONS BY AUTHORIZED OFFICER.

    (a) Review of Evidence.--If the authorized officer determines that 
a claimant has submitted all the required evidence with respect to a 
claim within the time allowed for such submission, the authorized 
officer shall review the evidence in order to determine whether the 
claim should be considered presumptively valid.
    (b) Burden of Proof.--In all cases, a claimant shall have the 
burden to prove by a preponderance of the evidence that the grant of a 
right-of-way pursuant to R.S. 2477 was validly accepted.
    (c) Private and Other Non-Federal Lands.--If a claim or portion of 
a claim involves lands that as of the time of the filing of the notice 
of the claim are former Federal lands, the authorized officer shall 
determine the claim to be presumptively valid if the claimant has met 
the burden of proof specified in subsection (b) and has demonstrated by 
clear and convincing evidence that on the date on which the lands 
became former Federal lands prior construction and continuing use of 
the claimed lands for highway purposes were so open and notorious that 
transfer of the lands by the United States was intended to be subject 
to the continued use of the claimed lands for highway purposes.
    (d) Conservation and Defense Lands.--If a claim or portion of a 
claim involves lands that as of the time of the filing of the notice of 
the claim are conservation lands or defense lands, the authorized 
officer shall determine the claim to be presumptively valid if the 
claimant has met the burden of proof specified in subsection (b) and 
has demonstrated by clear and convincing evidence that on the date on 
which the lands acquired such status prior construction and continuing 
use of the claimed lands for highway purposes were so open and 
notorious that it was intended that management of the lands for 
conservation or defense purposes would be subject to the continued use 
of the claimed lands for highway purposes.
    (e) Tribal Lands.--If a claim or portion of a claim involves lands 
that as of the time of the filing of the notice of the claim are tribal 
lands, the authorized officer shall determine the claim to be 
presumptively valid if the claimant has met the burden of proof 
specified in subsection (b) and has demonstrated by clear and 
convincing evidence that on the date on which the lands acquired such 
status prior construction and continuing use of the claimed lands for 
highway purposes were so open and notorious that it was intended that 
use of the claimed lands for highway purposes would continue.
    (f) Other Lands.--If no portion of a claim involves former Federal 
lands, conservation lands, defense lands, or tribal lands, the 
authorized officer shall determine the claim to be presumptively valid 
if the claimant has met the burden of proof specified in subsection 
(b).
    (g) Determinations.--
            (1) General rule.--If the authorized officer is unable to 
        determine that a claim is presumptively valid, the authorized 
        officer shall determine that the claim is invalid and that any 
        rights purported to have been acquired under R.S. 2477 with 
        respect to the claim have been relinquished and that therefore 
        no further administrative action on the claim is required.
            (2) Notification.--The authorized officer shall notify in 
        writing the claimant and each appropriate Federal agency and 
        tribe regarding each determination made pursuant to paragraph 
        (1), and shall provide general notification to the public and 
        affected parties of such determination pursuant to the 
        requirements of section 3(d).
            (3) Final agency action; review.--A determination of the 
        authorized officer pursuant to paragraph (1) shall constitute 
        final agency action, subject to review in the United States 
        District Court for the District of Columbia or the United 
        States District Court in the district within which the longest 
        lineal portion of the claimed R.S. 2477 right-of-way lies.
            (4) Filing; limited review.--Any action initiated in 
        district court pursuant to paragraph (3) shall be filed not 
        later than 3 years after the date of the written notice to the 
        claimant from the authorized officer. Judicial review of a 
        determination of an authorized officer under paragraph (3) 
        shall be limited to a review of the administrative record.
            (5) If the authorized officer determines that a claim is 
        presumptively valid, the authorized officer shall follow the 
        procedures specified in subsection (h).
    (h) Presumptively Valid Claims.--If the authorized officer 
determines that a claim is presumptively valid, the authorized officer 
shall follow the following procedures:
            (1) If the authorized officer determines that a claimant 
        has submitted all the required evidence, and has met the 
        relevant burden of proof as required in this section with 
        respect to a claim, the authorized officer, subject to the 
        requirement of section 6(g)(2), shall make a determination that 
        the claim is presumptively valid. Within 10 days after such 
        determination, the authorized officer shall notify the 
        claimant, each affected Federal agency, each county or other 
        political subdivision within which any portion of such claim is 
        located, and the public and affected parties pursuant to 
        section 3(d) regarding each determination that a claim is 
        presumptively valid, and shall provide an opportunity for any 
        person or entity to file an objection to the determination.
            (2) If within 180 days after the authorized officer's 
        providing of notice pursuant to paragraph (1), the authorized 
        officer receives an objection to the determination, the 
        authorized officer shall notify the claimant of such objection 
        and of the opportunity to provide a response thereto.
            (3) During the period of 30 days after receipt of a 
        notification pursuant to paragraph (2), a claimant shall be 
        allowed to provide supplementary evidence to the authorized 
        officer that responds to the objection.
    (i) Public Hearing.--
            (1) Hearing at request of parties.--If either the claimant 
        or an objector submits a timely request for a public hearing 
        regarding an objection to a determination that a claim is 
        presumptively valid, the authorized officer shall conduct such 
        a hearing at a convenient time and location within the county 
        where the longest segment of the claim covered by such a 
        determination is located.
            (2) Timely requests.--A request for a public hearing 
        described in paragraph (1) shall be considered timely if 
        received by the authorized officer no later than 40 days after 
        receipt by the requesting party of a notice pursuant to 
        subsection (h)(2), or by the objector if requested within 40 
        days after the objection has been made pursuant to subsection 
        (h)(2).
            (3) Procedure.--In conducting public hearings pursuant to 
        this subsection, an authorized officer shall afford claimants 
        and objectors an opportunity to present evidence and shall 
        allow the public an opportunity to comment and provide evidence 
        supporting or opposing a determination that a claim is 
        presumptively valid.
    (j) Review.--
            (1) In general.--The authorized officer shall review all 
        information submitted by a person or entity filing an objection 
        and any information provided by any participant in a public 
        hearing held pursuant to subsection (i) and after such review 
        shall decide whether to affirm or revoke the previous 
        determination that a claim is presumptively valid.
            (2) Revocation of previous determination.--If the 
        authorized officer decides to revoke a previous determination 
        that a claim is presumptively valid, the authorized officer 
        shall issue a determination pursuant to subsection (g)(1).
            (3) Issuance of determination of validity.--If the 
        authorized officer decides to affirm the previous determination 
        that a claim is presumptively valid, the authorized officer 
        shall issue a determination of validity.
    (k) Determinations of Validity.--
            (1) Time for issuance.--If no party submits a timely 
        objection to a determination that a claim is presumptively 
        valid, the authorized officer shall issue a determination that 
        the claim is valid within 10 days after expiration of the 
        opportunity to object in subsection (h)(2).
            (2) Final agency action; review.--A determination issued 
        pursuant to this subsection shall constitute final agency 
        action, subject to review in the United States District Court 
        for the District of Columbia or the United States District 
        Court in the district within which the longest lineal portion 
        of the lands affected by the claim is located. Any action 
        initiated in district court pursuant to this paragraph shall be 
        filed not later than 3 years after the date of the issuance of 
        such determination. Judicial review of a determination under 
        this subsection shall be limited to a review of the 
        administrative record.
    (l) Findings.--Any determination of validity or presumptive 
validity shall include the following:
            (1) The basis for concluding that the grant of the right-
        of-way pursuant to R.S. 2477 over public lands not reserved for 
        public use was validly accepted prior to the latest available 
        date.
            (2) A description of the valid or presumptively valid 
        right-of-way, including its width, type of surface, and the 
        route between the beginning and ending points of the right-of-
        way, as of the latest available date.
            (3) A description of the consultation carried out pursuant 
        to section 6(g) and any necessary affirmation of concurrence by 
        any relevant and appropriate Federal agency and tribe.

SEC. 6. PROCEDURES.

    (a) Fee Exemption.--No State, county, or local government shall be 
charged a fee for the filing of a claim.
    (b) Priorities.--In reviewing and processing claims, the authorized 
officer shall afford priority consideration as follows:
            (1) First priority shall be given to claims filed by a 
        State, county, or local government.
            (2) Second priority shall be given to claims filed by a 
        party other than a State, county, or local government and 
        involving private or other non-Federal lands, conservation 
        lands, defense lands, or tribal lands.
            (3) Third priority shall be given to all other claims.
    (c) Timing.--
            (1) Time for completion of review.--To the extent 
        practicable, the authorized officer shall complete the review 
        of a claim within 1 year after the claimant has submitted 
        evidence in support of the claim.
            (2) Status report.--For all claims where a review has not 
        been completed within 1 year, the authorized officer shall 
        provide the claimant a brief status report explaining the 
        reasons for the delay and shall provide a public notice of the 
        status report in the same manner as provided in section 3(d).
    (d) Participation of States, Counties, Local Governments, and 
Others.--
            (1) In general.--In conducting the review of a claim, the 
        authorized officer shall seek and consider the views of 
        affected States, counties, local governments, and tribal 
        governments as well as appropriate Federal agencies and the 
        public.
            (2) Coordination among appropriate federal agencies.--In 
        the review of a claim, the authorized officer shall be 
        responsible for coordinating with each appropriate Federal 
        agency subject to the claim.
            (3) Alaska claims.--With respect to claims involving lands 
        in Alaska, the authorized officer shall also seek the views of 
        and consult with any Native Corporation owning or controlling 
        lands affected by a claim.
    (e) Elections to Acquire.--
            (1) Retention by united states.--
                    (A) If judicial review of a determination made 
                pursuant to this Act with respect to a claim involving 
                conservation lands, tribal lands, or defense lands 
                results in a determination that a grant of a right-of-
                way pursuant to R.S. 2477 was validly accepted and not 
                relinquished, the United States nevertheless may retain 
                such exclusive possession or control of any 
                conservation lands, tribal lands, or defense lands 
                traversed by such right-of-way as it may elect, upon 
                payment to the claimant of an amount the district court 
                in the same action determines to be just compensation 
                for such exclusive possession or control.
                    (B) Before taking any action pursuant to 
                subparagraph (A), the United States shall seek to reach 
                an enforceable agreement with the claimant that will 
                resolve the concerns that otherwise would be resolved 
                by such action.
            (2) Retention by owner of record.--
                    (A) In general.--If judicial review of a 
                determination made pursuant to this Act with respect to 
                a claim involving former Federal lands results in a 
                determination that a grant of a right-of-way pursuant 
                to R.S. 2477 was validly accepted by a party other than 
                a State or a county or other political subdivision of a 
                State and not relinquished by such party, the owner or 
                owners of record of such former Federal lands 
                nevertheless may retain such exclusive possession or 
                control of any such lands traversed by such right-of-
                way as such owner or owners may elect, upon payment to 
                the claimant of an amount the district court in the 
                same action determines to be just compensation for such 
                exclusive possession or control.
                    (B) Agreement.--Before taking any action pursuant 
                to subparagraph (A), the owner or owners of record 
                shall seek to reach an enforceable agreement with the 
                claimant that will resolve the concerns that otherwise 
                would be resolved by such action.
    (f) Recording Requirements.--
            (1) Survey and filing.--Within 5 years after the date of 
        publication in the Federal Register of a final administrative 
        determination recognizing a valid R.S. 2477 right-of-way 
        affecting lands owned by the United States, the claimant shall 
        file the survey as described in section 4(b)(5) or any other 
        survey that meets the relevant State legal requirements for 
        land recordation with the State office of the Bureau of Land 
        Management and with the appropriate land records of the State.
            (2) Failure to complete and file survey.--The failure of 
        any claimant to complete and file a survey with the Bureau of 
        Land Management within the time period specified in paragraph 
        (1) shall be deemed to constitute a relinquishment of any 
        rights purported to have been acquired under R.S. 2477.
            (3) Judicial review.--A deeming of relinquishment pursuant 
        to this subsection shall be subject to review in the United 
        States District Court for the District of Columbia or the 
        United States District Court in the district within which the 
        longest lineal portion of the claimed R.S. 2477 right-of-way 
        lies.
            (4) Statute of limitations.--Any action initiated in 
        district court pursuant to paragraph (3) shall be filed not 
        later than 3 years after the date that recordation was required 
        by paragraph (1).
    (g) Consultation and Concurrence.--
            (1) Consultation when certain lands involved.--With regard 
        to claims any portion of which involve conservation lands, 
        tribal lands, or Department of Defense lands, the authorized 
        officer shall consult with each relevant Federal agency or 
        tribe regarding the evidence submitted for a claim and any 
        objections raised regarding the claim's validity.
            (2) Concurrence requirement.--Before making a determination 
        that a claim is presumptively valid, the authorized officer 
        shall obtain the concurrence of each Federal agency responsible 
        for management of lands affected by the claim.

SEC. 7. RELATION TO OTHER LAW AND PRIOR DETERMINATIONS.

    (a) Relationship of Federal and State Law.--
            (1) In general.--In making an administrative determination 
        of whether the grant of a right-of-way pursuant to R.S. 2477 
        over unreserved public lands was validly accepted prior to the 
        latest available date, the authorized officer shall apply 
        Federal law and the law of the State in which the claimed 
        right-of-way is located, and which was in effect on the latest 
        available date, to the extent that such State law is consistent 
        with Federal law.
            (2) Rule of construction.--Nothing in this Act shall be 
        construed to limit or expand the applicability of State law 
        with respect to any matter relating to the scope of a valid 
        right-of-way established pursuant to R.S. 2477, including, but 
        not limited to, the type of road surface, maintenance, 
        liability, and the extent of use.
    (b) Relationship to Federal Land Policy and Management Act of 1976 
and Alaska National Interest Lands Conservation Act.--Nothing in this 
Act is intended to, or shall be constructed to, affect, change, alter, 
or modify title V of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1761 et seq.) or title XI of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3161 et seq.).
    (c) Relationship to Prior Determinations.--
            (1) Status of priors determinations.--Except as provided in 
        this subsection, nothing in this Act shall be construed to 
        apply to or affect the status of any judicial or administrative 
        determinations made prior to the date of enactment of this Act 
        regarding any claim or assertion based on R.S. 2477.
            (2) Filing and recording of certain determinations.--Any 
        final judicial or administrative determination regarding any 
        claim or assertion based on R.S. 2477 made on or before the 
        date that is 4 years after the date of enactment of this Act 
        shall be filed with the relevant State office of the Bureau of 
        Land Management and recorded on the appropriate land records of 
        the relevant State.
            (3) Effect of failure to file.--Failure to file or record a 
        determination pursuant to paragraph (2) shall be deemed to 
        constitute a relinquishment of any rights purported to have 
        been acquired under R.S. 2477.
            (4) Review.--A deeming of relinquishment pursuant to this 
        subsection shall be subject to review in the United States 
        District Court for the District of Columbia or the United 
        States District Court in the district within which the longest 
        lineal portion of the claimed R.S. 2477 right-of-way lies.
            (5) Time for filing.--Any action initiated in district 
        court pursuant to paragraph (4) shall be filed not later than 7 
        years after the date of enactment of this Act.

SEC. 8. LIMITATION.

    Except with regard to a notice of a claim filed pursuant to this 
Act during the period specified in section 3, no officer, agency, or 
court of the United States shall take any action to affirm the validity 
of any assertion that any person or entity other than the United States 
has a property interest in a right-of-way pursuant to R.S. 2477.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to implement this Act.
                                 <all>