,i #aadth ,,congress #b;d ,session ,h4 ,r4 #dcac ,,in ,,the ,,house ,,of ,,representatives ,january #e1 #bjaf ,mr4 ,cook 7for himself1 ,mrs4 ,kirkpatrick1 ,mr4 ,gosar1 ,mr4 ,stewart1 and ,mr4 ,tipton7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to establish a procedure for resolving claims to certain rights-of-way4 #a4 ,short title1 findings1 and purpose 7a7 ,short title ,this ,act may be cited as the ,historic ,routes ,preservation ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,the ,act of ,july #bf1 #ahff 7#dc ,u4,s4,c4 #icb71 provided for an open-ended grant of the right of way for the construction of highways over public lands1 not reserved for public use44 7#b7 ,the purpose of that ,act was to encourage the opening1 expansion1 settlement1 use and development of the ,american ,west4 ,rights-of-way established by use over land in the public domain are not terminated or abandoned by subsequent ,federal grants of the property underlying the rights-of-way and ,federal attempts to reacquire the rights-of-way or reservation by the ,federal ,government4 ,instead1 all rights-of-way accepted before ,october #ba1 #aigf1 continue as easements that can be used by the public4 7#c7 ,unlike rights-of-way granted under ,,flpma1 the grant of ,r4,s4 #bdgg rights-of-way was complete on its face1 and no formalities1 such as notice1 entry1 license1 lease1 application1 deed1 patent1 hearing1 or formal public written or oral acceptance were required to establish public rights-of-way under ,r4,s4 #bdgg4 ,that law simply required some limited degree of construction activity on the land necessary or advisable to enable passage over it or mere public usage for some undefined amount of time4 7#d7 ,when early ,r4,s4 #bdgg right-of-way grants were made and accepted1 the ,united ,states had no laws or regulations governing the establishment or use of roads and rights-of-way2 so the territories1 then the ,states1 provided early interpretive guidance on the action the use or construction activity--necessary to accept and establish the scope of those rights-of-way4 7#e7 ,some rights-of-way established under ,r4,s4 #bdgg were easily identified1 including thoroughfares that connected settlements1 towns and trade centers1 postal routes1 routes for inter-territory commerce1 and the like4 ,but the rights-of-way for lesser known1 or lesser used1 rights-of-way 7perhaps established as single-person trails1 horse trails1 mining trails1 fur trade routes1 wagon routes1 and other similar or lesser uses7 have been more difficult to identify2 and special interest organizations1 business and government have argued for various interpretations regarding the establishment1 acceptance and scope of ,r4,s4 #bdgg rights-of-way4 ,those disputes have often resulted in unsuccessful settlement negotiations and expensive time-consuming litigation to establish ,r4,s4 #bdgg rights-of-way4 7#f7 ,after decades of lawsuits1 case-by-case negotiations1 law review articles1 expert commentary1 and various issued and reissued government policies and procedures on point1 there is still no consistent definition or agreement regarding what evidence or action is required to establish a ,r4,s4 #bdgg right-of-way1 whether ,state or ,federal law governs ,r4,s4 #bdgg grants1 and what the scope of ,r4,s4 #bdgg rights-of-way are today4 ,the uncertainty may be due1 in substantial part1 to the fact that rights created by past laws1 such as ,r4,s4 #bdgg1 are generally interpreted according to the understanding of terminology at the time of passage3 ,the historic meaning of the statutory language as determined with reference to the surrounding environment and events of the day4 7#g7 ,although court decisions have provided much of the guidance in quieting title to rights-of-way under ,r4,s4 #bdgg1 they have often incorporated differing ,state law to define the acceptance and scope of ,r4,s4 #bdgg rights-of-way1 resulting in inconsistent outcomes under similar facts4 ,there is still sentiment1 apparent from comments by ,federal parties in ,r4,s4 #bdgg litigation1 that interpretation and application of ,r4,s4 #bdgg should be left exclusively to the ,federal ,government4 7#h7 ,apparently intending to bring some certainty to ,r4,s4 #bdgg right-of-way claims1 in #aihh ,secretary of the ,interior ,hodel established a ,department of the ,interior policy that would verify ,r4,s4 #bdgg rights-of-way and allow the ,department to record them in ,department land records if-- 7,a7 they were not reserved public lands at the time they were put into public use2 7,b7 there was some minimal construction to enable public passage1 such as clearing vegetation or removing obstructions2 and 7,c7 the ,r4,s4 #bdgg route was open to public use by pedestrians1 pack animal1 wagons or motorized vehicles4 7#i7 ,nevertheless1 the policy did not authorize the ,department of the ,interior to adjudicate applications for ,r4,s4 #bdgg rights-of-way4 7#aj7 ,a more restrictive approach evolved under ,secretary of the ,interior ,babbitt that1 among other restrictions1 substantially limited motorized vehicle access to ,federal lands and required more than mere use to establish construction necessary to accept a ,r4,s4 #bdgg right-of-way grant4 ,accordingly1 the ,federal ,bureau of ,land ,management 7the ,,blm7 was required to determine whether construction equivalent to building road structures had occurred in those instances where a ,r4,s4 #bdgg right-of-way was claimed4 7#aa7 ,apparently in response to ,secretary ,babbitt's strict policy1 ,congress enacted a temporary moratorium1 followed by section #ajh of the ,omnibus ,consolidated ,appropriations ,act1 #aiig1 which states1 in part1 that ,no final rule or regulation of any agency of the ,federal ,government pertaining to the recognition1 management1 or validity of a right-of-way pursuant to ,revised ,statute #bdgg 7#dc ,u4,s4,c4 #icb7 shall take effect unless expressly authorized by an ,act of ,congress subsequent to the date of enactment of this ,act44 ,that law has been determined to be permanent4 7#ab7 ,uncertainty leading to litigation and other expensive forms of dispute resolution regarding public acceptance and right to use ,r4,s4 #bdgg rights-of-way has persisted for more than #ajj years4 ,although ,congress in the early #aiijs received a report from the ,department of the ,interior suggesting a ,federal administrative process was necessary to formally recognize validly accepted ,r4,s4 #bdgg rights-of-way1 that process has not been implemented and there is limited1 inconsistent action by ,federal administrative agencies and departments to determine whether a ,r4,s4 #bdgg grant has been accepted by the public1 thus indicating an apparent preference by the ,federal ,government to have the courts decide ,r4,s4 #bdgg claims4 7#ac7 ,it is in the best interest of the public and government to establish consistent1 clear and conclusive direction to timely evaluate and officially recognize valid ,r4,s4 #bdgg claims1 to provide a legislative framework for objectively achieving those ends within clearly limited timeframes and with minimal executive and administrative involvement1 and to minimize costs and delays typically associated with litigating ,r4,s4 #bdgg claims4 7c7 ,purpose ,the purpose of this ,act is to achieve judicial and administrative efficiency1 and to reduce costs typically associated with resolving ,r4,s4 #bdgg right-of-way claims by establishing a deadline for filing those claims1 establishing mandatory procedures for considering and acting on those claims1 and requiring ,federal administrative action to finally resolve those claims4 #b4 ,definitions ,as used in this ,act3 7#a7 ,abandon or abandonment ,the terms abandon and abandonment mean normal action by the governing body of a claimant taken at a public meeting pursuant to notice that declares all right1 title and claim to any right-of-way or right-of-way grant under ,r4,s4 #bdgg is relinquished4 7#b7 ,acceptance or accepted ,the terms acceptance and accepted mean the construction and continuous public use for passage over a ,r4,s4 #bdgg right-of-way4 7#c7 ,authority or authorized officer ,the terms ,authority and ,authorized ,officer mean the ,secretary's designee in the ,federal department1 agency1 enclave1 reservation or installation under the ,secretary's jurisdiction4 7#d7 ,claim ,the term claim means the written document required under section #c1 in form established by the ,secretary1 ,authority or ,authorized ,officer1 which shall be made available for use by any claimant not later than #cj days after the effective date of this ,act4 7#e7 ,claimant ,the term claimant means any person1 including a ,state1 ,state political subdivision1 city1 town1 county1 government parish1 company1 or individual1 asserting the existence and public acceptance of a right-of-way under ,r4,s4 #bdgg4 7#f7 ,construction ,the term construction means the physical activity reasonably necessary1 advisable or desirable to allow continuous public use over a highway according to the intended mode of travel or transportation4 ,maintenance activities or the use of any tools or equipment may1 but are not required to1 establish construction4 7#g7 ,continuous public use ,the term continuous public use means the use by the public for passage as often as generally regarded by the public to be convenient or necessary1 during any length of time1 whether continuous1 sporadic1 interrupted or discontinued1 and as the character or location of the use has changed from ,october1 #ahff1 to ,october #ba1 #aigf1 to meet the exigencies of increased travel in light of the traditional passage uses4 7#h7 ,day ,the term day means #bd-;hour period immediately following #ab o'clock midnight in the time zone where the longest lineal part of the claimed ,r4,s4 #bdgg right-of-way is located1 excluding official ,federal holidays4 7#i7 ,evidence ,the term evidence means any item under section #d that would be reliable1 authentic1 probative and persuasive in ,federal ,district ,court civil litigation under the ,federal ,rules of ,evidence that are operative on the effective date of this ,act4 7#aj7 ,,flpma ,the term ,,flpma means ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7#aa7 ,highway ,the term highway means any road1 way or other land surface route of travel that the public has the right of use for passage1 whether by carriage1 animal1 foot1 non-motorized or motorized vehicle4 7#ab7 ,public ,the term public means people1 population1 or community as a whole4 7#ac7 ,public lands ,the term public lands means land that is owned1 controlled by1 or subject to the jurisdiction of the ,federal ,government for the benefit of the public and not reserved at the time that the right-of-way was created4 7#ad7 ,r4,s4 #bdgg right-of-way grant ,the term ,r4,s4 #bdgg right-of-way grant means an open-ended grant or dedication of land by the ,united ,states for rights-of-way allowing public use and passage1 which could be accepted by construction or continuous public use before ,october #ba1 #aigf4 7#ae7 ,r4,s4 #bdgg ,the term ,r4,s4 #bdgg means that part of ,an ,act ,granting the ,right-of-,way to ,ditch and ,canal ,owners ,over the ,public ,lands and for ,other ,purposes1 commonly called the ,mining ,act of #ahff 7the ,act of ,july #bf1 #ahff1 ch4 #bfb1 section #h1 #ad1 statutes #bea1 #bec2 #dc ,u4,s4,c4 #icb71 stating ,and be it further enacted1 that the right of way for the construction of highways over public lands1 not reserved for public uses1 is hereby granted1 as that law continued in full force and effect until ,october #ba1 #aigf4 7#af7 ,relinquishment and disclaimer ,the terms relinquishment and disclaimer mean any type of deed or equivalent document in form suitable for recordation1 approved and issued by the ,secretary1 ,authority1 or ,authorized ,officer1 disclaiming and relinquishing the interest of the ,federal ,government in a ,r4,s4 #bdgg right-of-way that has been accepted pursuant to the provisions of this ,act1 and which documents the right of public passage over and within that right-of-way4 7#ag7 ,reserve or reserved ,the terms reserve and reserved-- 7,a7 mean action by the ,united ,states to withdraw land from the public domain and make it unavailable for appropriation under ,federal public land laws1 which requires dedication of that land by the ,united ,states to a particular public use1 such as a park1 forest1 military establishment1 national monument1 wilderness area1 ,federal enclave1 wildlife refuge1 water diversion or impoundment1 or government power generation1 and such withdrawal1 dedication1 and use for the dedicated purpose occurs before the earlier of the ,r4,s4 #bdgg right-of-way acceptance or ,october #ba1 #aigf2 and 7,b7 do not include ,wilderness ,study ,areas and ,areas of ,critical ,environmental ,concern4 7#ah7 ,scope ,the term scope means established public use of the ,r4,s4 #bdgg right-of-way as necessarily improved1 expanded1 realigned or relocated before ,october #ba1 #aigf1 to meet the public convenience1 safety1 or exigencies of increased travel in light of its traditional right-of-way uses4 ,permissible improvements1 expansion1 realignment or relocation is determined according to the section #b7k7 highway standards of the ,state where the longest lineal part of the right-of-way is located2 or in the absence of such standards1 ten feet on each side of the survey center line1 subject to reduction according to the historic right-of-way width for the ,r4,s4 #bdgg right-of-way traditional uses as of the date of acceptance1 and necessarily expanded according to the first sentence of this paragraph4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of the ,federal department having management jurisdiction over land owned or controlled by the ,united ,states upon which a ,r4,s4 #bdgg right-of-way is claimed to be located4 #c4 ,procedure 7a7 ,claim and limitation of action ,a claimant asserting public acceptance of a right-of-way granted pursuant to ,r4,s4 #bdgg must file a claim1 which shall include supporting evidence and proof of the notice and reasonably attempted notice under subsection 7c71 within the #be-year period that shall commence to run on the next business day following the effective date of this ,act4 7b7 ,place of filing 7#a7 ,generally ,except as provided by paragraph 7#b71 the claim must be filed at the ,state or regional location as designated by the ,secretary4 7#b7 ,defense land ,if the land underlying the claimed ,r4,s4 #bdgg right-of-way is subject to the ownership or control of the ,united ,states ,department of ,defense1 evidence supporting the claim shall be filed with the commanding officer of the military installation or office having ownership or control of the underlying land1 or at such other location as designated by the ,secretary4 7c7 ,notice ,claimant shall provide notice of the ,r4,s4 #bdgg right-of-way claim by publishing a general summary of the claim1 including the location and general description of the claimed ,r4,s4 #bdgg right-of-way1 in a newspaper authorized to publish public notice under the laws of the ,state where the longest lineal part of the claimed ,r4,s4 #bdgg right-of-way is located1 once per week for the two consecutive weeks immediately preceding the filing of the claim4 ,within the four consecutive weeks immediately following the filing of the claim1 claimant shall additionally provide1 or reasonably attempt to provide1 written notice of the claim to all record owners of land underlying the claimed ,r4,s4 #bdgg right-of-way1 except the ,federal ,government1 and to all owners of land contiguous to each edge of that claimed right-of-way4 ,claimant's reasonable attempt to provide such written notice is sufficient additional notice under this subsection if claimant verifies the reasonable attempt under claimant's written oath or affirmation to that effect filed with the ,secretary where the claim is filed4 7d7 ,abandonment ,failure to comply with subsections 7a71 7b71 and 7c7 is1 on the first day following the time period in subsection 7a71 an automatic irrevocable abandonment of any ,r4,s4 #bdgg right-of-way that has not been established by final judgment in a court of competent jurisdiction or final enforceable settlement agreement between claimant and the ,united ,states4 ,the continuance authorized by section #f7;b7 shall not apply to this subsection4 7e7 ,statue of limitations ,any statute of limitations for documenting the right-of-way after such reservation is hereby waived except as provided in subsection 7a74 #d4 ,evidence and final decision 7a7 ,burden of proof ,claimant shall establish acceptance by a preponderance of the evidence4 7b7 ,presumptions 7#a7 ,acceptance conclusively and finally established ,unless the land underlying the claimed ,r4,s4 #bdgg right-of-way was reserved before the earlier of construction of a trail1 path1 or other throughway on the right-of-way1 or ,october #ba1 #aigf1 acceptance 7including continuous public use1 location1 construction and scope of the ,r4,s4 #bdgg right-of-way7 shall be conclusively verified1 proven1 and established upon filing1 under oath or affirmation by claimant attesting to its authenticity and accuracy1 of-- 7,a7 at least one type of evidence related to that right-of-way selected from subsection 7c77#a72 or 7,b7 at least one type of evidence selected from each of two subparagraphs in subsection 7c77#b7 showing scope and acceptance before ,october #ba1 #aigf4 7#b7 ,copies and ,hearsay in documents ,copies may be used as evidence in place of original documents if they are accompanied by a written declaration1 under oath by a custodian1 owner1 or author1 that the copy is an accurate representation of the original document's material terms4 ,hearsay contained in documents1 or otherwise1 is regarded as reliable1 admissible1 and probative for the purposes of this ,act4 7#c7 ,grant withdrawal ,evidence produced by the ,united ,states that establishes the ,united ,states reserved the land underlying the alleged ,r4,s4 #bdgg right-of-way before its acceptance conclusively establishes withdrawal of the ,federal grant for that right-of-way4 7c7 ,categories of evidence ,for the purposes of actions under this ,act1 the following rules apply to categories of evidence3 7#a7 7,a7 ,a center line or other survey done by the ,federal ,government or duly licensed land surveyor1 applying generally accepted survey standards and procedures or ,federal ,bureau of ,land ,management ,manual of ,surveying ,instructions applicable to surveys before ,october #ba1 #aigf1 clearly showing the public use1 control1 construction1 location1 direction1 beginning and end points1 length1 width and type of surface of the ,r4,s4 #bdgg right-of-way as of a date certain4 7,b7 ,maps1 plats1 maintenance records including actual or estimated costs1 photographs1 ,,gis or global positioning data1 or other computer-generated images showing the location of the ,r4,s4 #bdgg right-of-way1 prepared1 made1 edited1 kept1 or relied on1 generally or on a case-by-case basis1 by any ,federal1 ,state1 or local government1 college1 university1 public or private organization historically1 customarily or regularly engaged in the preparation1 retention1 analysis1 or expert interpretation of contemporary or historic maps4 7,c7 ,historical or other records of government entities1 or records constructed1 obtained or kept by the government in the ordinary course of business1 including1 without limitation1 ,federal1 ,state1 local1 and territorial records1 such as records of the ,united ,states ,departments of the ,interior1 ,agriculture1 or ,defense1 ,bureau of ,land ,management1 ,forest ,service1 ,natural ,resources ,conservation ,service1 ,soil ,conservation ,service1 ,government ,land office1 ,federal ,centers or ,enclaves1 the ,smithsonian ,institution and ,library of ,congress4 7#b7 7,a7 ,historical records1 other than those included under subsection 7c77#c71 including original documents1 authenticated copies1 facsimiles1 and computer-transmitted images reliably showing evidence of construction 7including tools used1 if any71 location 7including dimensions71 fixtures and other structures1 or maintenance by a ,state or local government of the ,r4,s4 #bdgg right-of-way under consideration4 7,b7 ,written statements given under oath before a notary public1 court recorder1 judge or any other government official authorized by law to administer oaths1 or otherwise authenticated1 reciting reliable knowledge of the facts that establish the acceptance of the ,r4,s4 #bdgg right-of-way under consideration4 ,if this category of evidence is used1 written statements by at least two persons shall be required4 7,c7 ,a title opinion prepared by a duly licensed title examiner prepared in accordance with generally accepted title standards1 establishing title1 location and dimensions of the ,r4,s4 #bdgg right-of-way under consideration4 7d7 ,determination of abandonment ,not later than #cj days after a ,r4,s4 #bdgg right-of-way is conclusively established as accepted pursuant to this section1 the ,secretary1 ,authority1 or ,authorized ,officer shall determine1 in writing1 whether that right-of-way has been previously abandoned by claimant4 ,failure to make such written determination within that #cj-;day period shall conclusively establish the right-of-way has not been abandoned4 ,that determination by the ,secretary1 ,authority or ,authorized ,officer1 or the failure to make that determination1 within the time specified by this subsection shall be a final agency action1 subject to appeal as provided and limited by section #e4 7e7 ,disclaimer and relinquishment required ,subject to subsection 7d71 not later than #fj days after the evidence to establish a ,r4,s4 #bdgg right-of-way has been filed pursuant to this section1 the ,secretary1 ,authority1 or ,authorized ,officer shall deliver or cause to be delivered to claimant a written document disclaiming and relinquishing the ,united ,states right and interest in the ,r4,s4 #bdgg right-of-way1 which document and actions under this ,act shall only be subject to review as provided and limited by section1 and shall not be subject to quiet title proceedings under section or otherwise1 or subject to any other judicial or administrative de novo1 or on the record1 reviews1 claims1 actions or proceedings4 ,the disclaimer and relinquishment shall immediately be recorded in the public land records under the jurisdiction of the ,secretary1 and shall conclusively establish the public right to use the ,r4,s4 #bdgg right-of-way4 ,the disclaimer and relinquishment shall be in form to allow recording in ,state and local real estate records4 7f7 ,federal register notice of final agency action ,notice of the action under subsection 7e7 shall be published once in the ,federal ,register not later than #cj days after the delivery occurs as specified by that subsection4 7g7 ,requirement to timely record centerline survey ,a centerline survey of the ,r4,s4 #bdgg right-of-way disclaimed and relinquished by the ,united ,states pursuant to this ,act shall be completed and filed by claimant with the ,secretary1 ,authority1 or ,authorized ,officer not later than #aj years after the time specified by section #c7;a74 7h7 ,abandonment ,failure by claimant to complete and file a centerline survey as required by subsection 7g7 shall be an abandonment of any and all rights to the ,r4,s4 #bdgg right-of-way for which the relinquishment was issued4 #e4 ,judicial review 7a7 ,jurisdiction ,subject to section #d7;e71 any case or controversy arising under this ,act shall be filed in the ,united ,states ,district ,court located in the ,district within which the longest lineal segment of the claimed ,r4,s4 #bdgg right-of-way is located1 which ,federal ,court shall have exclusive jurisdiction to decide the case or controversy on the record regarding the claimed ,r4,s4 #bdgg right-of-way1 subject only to appeal or review on the record under ,federal appellate court jurisdiction4 7b7 ,limitation of action ,cases shall be filed in the court specified by subsection 7a7 not later than #cj days after the publication specified by subsection #d7;f74 7c7 ,prior adjudication unaffected ,a final settlement1 or final judgment in any court of competent jurisdiction before the effective date of this ,act1 where the ,united ,states was a party in determining rights to a ,r4,s4 #bdgg right-of-way shall not be affected by this ,act4 7d7 ,actions ,to quiet title unaffected ,subject to the provisions of this section and section #d1 including the expiration of time periods specified therein1 this ,act shall apply to prohibit ,federal court actions to quiet ,r4,s4 #bdgg titles that involve ,r4,s4 #bdgg claims previously filed under this ,act1 where a disclaimer and relinquishment are pending or have been issued4 ,any quiet title action not prohibited by this paragraph must be filed on or before the date specified by section #c7;a74 #f4 ,applicable law and time extensions 7a7 ,application of ,state and ,federal law ,this ,act shall apply to conclusively establish the acceptance1 scope1 validity1 or abandonment of a ,r4,s4 #bdgg right-of-way4 ,from and after the date of enactment1 the provisions of this ,act will be supreme1 preempt and control any inconsistency or conflict between provisions of this ,act and ,state law in determining the acceptance1 scope1 validity and abandonment of a ,r4,s4 #bdgg right-of-way4 7b7 ,deadlines ,any deadline established by this ,act shall be extended one time1 for a maximum of #cfe days1 for good cause stated in writing signed by claimant under oath or affirmation and delivered to the ,secretary1 ,authority or ,authorized ,officer not less than #cj days before the deadline to be continued4 #g4 ,implementation required ,subject to section #b7;d71 not later than #ij days after the effective date of this ,act1 the ,secretary1 ,authority and ,authorized ,officer shall have completed all policies1 procedures1 delegations1 forms and any other action necessary to implement the provisions of this ,act and begin processing claims immediately thereafter4 ,the duties and obligations of1 or failure to perform by1 the ,secretary1 ,authority1 and ,authorized ,officer within the scope of this section1 are enforceable by injunction1 restraining order and may result in official and personal civil liability all pursuant to action in any ,federal ,district ,court4 #h4 ,federal ,land ,policy and ,management ,act of #aigf and ,alaska ,national ,interest ,lands ,conservation ,act ,nothing in this ,act is intended1 or shall be construed1 to affect1 change1 alter1 or modify title ,v of ,,flpma or title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cafa et seq474 #i4 ,rules and regulations ,any final rule or regulation of any agency of the ,federal ,government pertaining to the recognition1 management1 or validity of a rights-of-way pursuant to ,r4,s4 #bdgg may take effect without further express authorization by an ,act of ,congress subsequent to the date of enactment of this ,act4 #aj4 ,exemption for certain lands ,nothing in this ,act shall apply to or effect use of land by the ,department of ,defense or lands the use of which is shared with the ,department of ,defense4 #aa4 ,repeal of restrictions on regulations ,section #ajh of the ,omnibus ,consolidated ,appropriations ,act1 #aiig 7#aaj ,stat4 #cjji-bjj71 related to ,revised ,statute #bdgg1 is hereby repealed4