[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2073 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2073

  To amend the National Trails System Act relating to the statute of 
              limitations that applies to certain claims.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2007

  Mrs. McCaskill (for herself and Mr. Bond) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the National Trails System Act relating to the statute of 
              limitations that applies to certain claims.

    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 ``Trails Act Technical Correction Act 
of 2007''.

SEC. 2. CLAIMS AGAINST UNITED STATES FOR INTERIM USE OF RIGHTS-OF-WAY.

    (a) Amendment to National Trails System Act.--Section 8(d) of the 
National Trails System Act (16 U.S.C. 1247(d)) is amended--
            (1) by striking ``The Secretary of Transportation'' and 
        inserting ``(1) The Secretary of Transportation''; and
            (2) by adding at the end the following:
            ``(2) In any action brought against the United States, by 
        the owner of property that is subject to a railroad right-of-
        way and to interim use described in paragraph (1), for damages 
        sustained by reason of paragraph (1), the claim for damages 
        shall not be deemed to first accrue for purposes of the 
        limitations period prescribed by sections 2401 and 2501 of 
        title 28, United States Code, before the date on which the 
        State, political subdivision, or qualified private organization 
        enters into an agreement with the railroad to assume full 
        responsibility for such right-of-way and interim use under 
        paragraph (1).''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to any civil action pending on, or commenced on or 
        after, such date of enactment.
            (2) Prior orders vacated upon request.--If, not later than 
        1 year after the date of the enactment of this Act, a party to 
        the case or the party's successor in interest files with the 
        court a request that an order be vacated, the order shall be 
        vacated by the court if the order--
                    (A) was entered, before the date of the enactment 
                of this Act, by a court in a case pending on such date 
                of enactment; and
                    (B) is inconsistent with the amendments made by 
                subsection (a).
    (c) Judicial Review.--
            (1) Review of certain claims.--Notwithstanding any other 
        provision of law, the court in which the claim was originally 
        filed shall review on the merits, without regard to the defense 
        of res judicata or collateral estoppel, any claim that--
                    (A) was brought against the United States, by the 
                owner of property that is subject to a railroad right-
                of-way and to interim use described in paragraph (1) of 
                section 8(d) of the National Trails System Act, for 
                damages sustained by reason of such section 8(d);
                    (B) was dismissed, before the date of the enactment 
                of this Act, for not being brought within the time 
                period provided under section 2401 or 2501 of title 28, 
                United States Code; and
                    (C) would have been considered to have been brought 
                in a timely manner if the amendments made by subsection 
                (a) had been in effect when the claim was brought, if 
                the claimant applies to the court for such review not 
                later than 60 days after the date of the enactment of 
                this Act.
            (2) Action by the court.--In reviewing a claim under 
        paragraph (1), the court shall receive and consider any 
        additional evidence, including oral testimony, that any party 
        may wish to provide and shall determine the issues de novo.
                                 <all>