II 110th CONGRESS 1st Session S. 2073 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.

1.

Short title

This Act may be cited as the Trails Act Technical Correction Act of 2007.

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.