,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #cbgj  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ag1 #bjag,mr4 
,cook 7for himself and ,mr4             
,o',halleran7 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-way1 and for other purposes4  
#a4 ,short title2 table of contents  7a7
 ,short ,title ,this ,act may be cited  
as the ,historic ,routes ,preservation  
,act4  7b7 ,table of contents ,the table
 of contents for this ,act is as        
follows3  ,sec4 #a4 ,short title2 table 
of contents4 ,sec4 #b4 ,purpose4 ,sec4  
#c4 ,definitions4 ,sec4 #d4 ,filing of  
claim4 ,sec4 #e4 ,evidence and final    
decision4 ,sec4 #f4 ,judicial review4   
,sec4 #g4 ,applicable law and time      
extensions4 ,sec4 #h4 ,implementation   
required4 ,sec4 #i4 ,effect2            
applicability4 ,sec4 #aj4 ,repeal of    
restrictions on regulations4  #b4       

,purpose ,the purpose of this ,act is to
 achieve judicial and administrative    
efficiency for1 and to reduce the costs 
typically associated with1 resolving    
right-of-way claims under ,r4,s4 #bdgg  
by--  7#a7 reducing the burden on       
,federal courts by establishing         
administrative procedures and           
evidentiary standards for the processing
 of ,r4,s4 #bdgg right-of-way claims2   
and  7#b7 establishing-- 7,a7 a deadline
 for filing ,r4,s4 #bdgg right-of-way   
claims2  7,b7 mandatory procedures for  
considering and acting on the ,r4,s4    
#bdgg right-of-way claims2 and  7,c7    
uniform legal and evidentiary standards 
of proof of public acceptance of ,r4,s4 
#bdgg right-of-way claims4  #c4         
,definitions ,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 title1 and claim to a ,r4,s4     

#bdgg right-of-way is relinquished4     
7#b7 ,acceptance or accepted ,the terms 
acceptance and accepted mean-- 7,a7 a   
positive or affirmative action by a     
,state or county governmental authority 
on or before ,october #ba1 #aigf1       
including--  7i7 a formal resolution or 
declaration of ownership2 or  7ii7 the  
inclusion of a highway in an official   
road map2  7,b7 the construction1       
improvement1 or maintenance of a highway
 by a ,state or county governmental     
authority on or before ,october #ba1    
#aigf2 or  7,c7 the continuous use of a 
highway by the public for a period of   
not fewer than #e consecutive years     
ending on a date that is on or before   
,october #ba1 #aigf4  7#c7 ,claim ,the  
term claim means the assertion of public
 acceptance of a ,r4,s4 #bdgg           
right-of-way filed under section        
#d7;a77#a74  7#d7 ,claimant ,the term   
claimant means any ,state1 county1      
political subdivision or agency of a    
,state1 company1 or other person        

asserting the public acceptance of a    
right-of-way under ,r4,s4 #bdgg4  7#e7  
,construction ,the term construction    
means the physical activity reasonably  
necessary1 advisable1 or desirable to   
allow continuous public use over a      
highway according to the intended mode  
of travel or transportation1 which may  
be established by the use of any tools  
or equipment1 or other means1 including 
mere usage4  7#f7 ,continuous public use
 ,the term continuous public use means  
the uninterrupted use of a highway by   
the public for passage as often as      
generally regarded by the public to be  
convenient or necessary depending on the
 character of the land and the nature of
 the use4  7#g7 ,disclaimer and         
relinquishment ,the term disclaimer and 
relinquishment means any type of deed or
 equivalent document in a form suitable 
for recordation that is approved and    
issued by the ,secretary disclaiming and
 relinquishing the interest of the      
,federal ,government in a ,r4,s4 #bdgg  

right-of-way1 including a deed or       
equivalent document issued under section
 #cae of the ,federal ,land ,policy and 
,management ,act of #aigf 7#dc ,u4,s4,c4
 #agde74  7#h7 ,evidence ,the term      
evidence means any testimony1 object1 or
 document described in section #e that  
would be reliable1 authentic1 probative1
 and persuasive in ,federal district    
court under the ,federal ,rules of      
,evidence that are in effect on the date
 of the enactment of this ,act4  7#i7   
,highway ,the term highway means any    
road1 way1 or other land surface route  
of travel that the public has the right 
of use for passage1 whether by carriage1
 animal1 foot1 or non-motorized or      
motorized vehicle4  7#aj7 ,improvement  
,the term improvement means-- 7,a7 the  
widening of a highway2  7,b7 the        
horizontal or vertical realignment of a 
highway2  7,c7 the installation 7as     
distinguished from cleaning1 repair1 or 
replacement in kind7 of a bridge1       
culvert1 or other drainage structure or 

conduit2 or  7,d7 any significant change
 in the surface composition of a        
highway4  7#aa7 ,maintenance ,the term  
maintenance means the preservation of an
 existing highway1 including--  7,a7 the
 physical upkeep of the highway2  7,b7  
the repair or replacement of wear or    
damage to the highway1 including        
bridges1 culverts1 or other drainage    
structures or conduits1 from natural or 
other causes2  7,c7 the restoration of  
the shape of the highway2 and  7,d7 the 
gradation of the highway or other       
measures to ensure that the shape of the
 highway permits drainage4  7#ab7       
,public land ,the term public land means
 land-- 7,a7 that is owned1 controlled  
by1 or subject to the jurisdiction of   
the ,federal ,government for the benefit
 of the public2 and  7,b7 that was not  
reserved on the date on which a ,r4,s4  
#bdgg right-of-way grant was accepted4  
7#ac7 ,public or public user  7,a7 ,in  
general ,the terms public or public user
 mean all natural persons1 including    

,federal lessees1 permitees1 licensees1 
invitees1 and any other natural person  
that holds an authorization or is       
otherwise allowed to enter or use public
 land4  7,b7 ,exceptions ,the terms     
public or public user do not include any
 ,federal agent or employee acting      
within the scope of the employment of   
the ,federal agency or employee4  7#ad7 
,r4,s4 #bdgg ,the term ,r4,s4 #bdgg     
means section #bdgg of the ,revised     
,statutes 7#dc ,u4,s4,c4 #icb7 repealed 
by section #gjf of the ,federal ,land   
,policy and ,management ,act of #aigf   
7,public ,law #id-egi2 #ij ,stat4       
#bgic74  7#ae7 ,r4,s4 #bdgg right-of-way
 ,the term ,r4,s4 #bdgg right-of-way    
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 accepted4  7#af7
 ,reserved  7,a7 ,in general ,the term  
reserved means action by the ,secretary1
 before the earlier of a ,r4,s4 #bdgg   
right-of-way acceptance or ,october #ba1

 #aigf--  7i7 to withdraw land from the 
public domain2  7ii7 to make the land   
unavailable for appropriation under     
public land laws2 and  7iii7 to dedicate
 the land by the ,united ,states to a   
specific public purpose1 such as a park1
 military establishment1 wilderness     
area1 tribal land1 or ,federal enclave1 
that does not rely on a ,r4,s4 #bdgg    
right-of-way for the public purpose4    
7,b7 ,exclusion ,the term reserved does 
not apply to an action of the ,secretary
 with respect to the designation of a   
wilderness study area1 an area of       
critical environmental concern1 or land 
with wilderness characteristics4  7#ag7 
,scope ,the term scope means the        
established width of a ,r4,s4 #bdgg     
right-of-way as of the date of          
acceptance1 including the area needed to
 meet the public convenience or safety  
or the exigencies of increased travel   
based on the traditional use of a       
highway 7including permissible          
improvements1 realignments1 or          

relocation71 and is not limited to the  
disturbed surface of the highway4  7#ah7
 ,secretary ,the term ,secretary means  
the ,secretary with management          
jurisdiction over land owned or         
controlled by the ,united ,states on    
which a ,r4,s4 #bdgg right-of-way is    
claimed to be located4  #d4 ,filing of  
claim  7a7 ,filing  7#a7 ,new           
,administrative ,claims ,during the     
#be-year period beginning on the date of
 the enactment of this ,act1 a claimant 
asserting the public acceptance of a    
right-of-way granted under ,r4,s4 #bdgg 
may file a claim under this section4    
7#b7 ,administrative claim after filing 
claim under title #bh  7,a7 ,in general 
,a claimant may file a claim under      
paragraph 7#a7 if1 before the date of   
the enactment of this ,act1 the         
claimant--  7i7 filed a notice of an    
intent to file suit with respect to a   
claim asserting the public acceptance of
 a right-of-way granted under ,r4,s4    
#bdgg under section #bdji;a7m7 of title 

#bh1 ,united ,states ,code2 or  7ii7    
filed suit with respect to a claim      
asserting the public acceptance of a    
right-of-way granted under ,r4,s4 #bdgg 
under section #bdji;a7m7 of title #bh1  
,united ,states ,code4  7,b7 ,dismissal 
of court action ,if a claimant files a  
claim under paragraph 7#a7 with respect 
to a claim asserting the public         
acceptance of a right-of-way granted    
under ,r4,s4 #bdgg under section        
#bdji;a7m7 of title #bh1 ,united ,states
 ,code1 any suit filed by or on behalf  
of the claimant with respect to public  
acceptance of the right-of-way shall be 
dismissed with prejudice4  7b7 ,form2   
contents  7#a7 ,form ,not later than #cj
 days after the date of the enactment of
 this ,act1 the ,secretary shall        
establish a form to be used by claimants
 for filing claims under this section4  
7#b7 ,contents ,a claim filed under     
subsection 7a77#a7 shall include-- 7,a7 
evidence supporting the claim2 and  7,b7
 proof of notice or attempted notice by 

the claimant under subsection 7d74  7c7 
,place of filing ,a claimant shall file 
a claim in the appropriate ,state or    
regional location designated by the     
,secretary for the filing of claims     
under this section4  7d7 ,notice  7#a7  
,in general ,except as provided in      
paragraph 7#c71 a claimant shall provide
 notice of the right-of-way claim by--  
7,a7 at least once per week during the  
#b-week period immediately preceding the
 filing of the claim1 publishing in a   
newspaper authorized to publish public  
notice under the laws of the ,state in  
which the longest lineal part of the    
claimed ,r4,s4 #bdgg right-of-way is    
located1 a general summary of the claim1
 including the location and general     
description of the claimed ,r4,s4 #bdgg 
right-of-way2 and  7,b7 not later than  
#cj days after the date on which the    
claim is filed1 providing1 or reasonably
 attempting to provide1 written notice  
of the claim to all owners of land      
contiguous to the boundary of the       

claimed right-of-way4  7#b7 ,attempted  
notice ,the reasonable attempt of a     
claimant to provide written notice under
 paragraph 7#a77;,b7 shall be considered
 to be sufficient notice under this     
subsection if the claimant files with   
,secretary verification of the          
reasonable attempt under written oath or
 affirmation4  7#c7 ,exception          
,notwithstanding paragraph 7#a71 a      
claimant shall be considered to have    
given sufficient notice under this      
subsection if the claimant provides     
notice of an intent to file suit with   
respect to the claimed ,r4,s4 #bdgg     
right-of-way under section #bdji;a7m7 of
 title #bh1 ,united ,states ,code1 on or
 after the date of the enactment of this
 ,act4  7e7 ,effect of failure ,to meet 
filing deadline or requirements ,if a   
claimant fails to comply with the       
requirements of-- 7#a7 subsection 7a71  
the failure shall be considered to be an
 automatic irrevocable abandonment of   
any ,r4,s4 #bdgg right-of-way claim2 or 

7#b7 subsection 7b71 7c71 or 7d71 the   
claim filed by the claimant shall not be
 processed until the date on which the  
failure to comply with those subsections
 is cured4  7f7 ,statute of limitations 
,except as provided in subsection       
7a77#a71 any statute of limitations for 
asserting the public acceptance of the  
,r4,s4 #bdgg right-of-way under this    
section is waived4  #e4 ,evidence and   
final decision  7a7 ,burden of proof ,a 
claimant shall have the burden to prove1
 by a preponderance of the evidence1 the
 acceptance of a right-of-way under     
,r4,s4 #bdgg4  7b7 ,presumptions  7#a7  
,in general ,except in a case in which  
the land underlying the claimed ,r4,s4  
#bdgg right-of-way was reserved before  
,october #ba1 #aigf1 acceptance         
7including continuous public use1       
location1 construction1 and scope of the
 ,r4,s4 #bdgg right-of-way7 shall be    
conclusively verified1 proven1 and      
established on filing1 under oath or    
affirmation by a claimant attesting to  

the authenticity and accuracy1 of--     
7,a7 at least #b types of evidence from 
among the category of evidence described
 in subsection 7c77#a7 relating to the  
,r4,s4 #bdgg right-of-way2 or  7,b7 all 
#c types of evidence described in       
subparagraphs 7,a7 through 7,c7 of      
subsection 7c77#b71 in the case of      
demonstrating scope and acceptance      
before ,october #ba1 #aigf4  7#b7       
,copies ,a copy of an original document 
may be used as evidence in the place of 
the original document under this section
 if the copy is accompanied by a written
 declaration1 under oath by a custodian1
 owner1 or author1 that the copy is an  
accurate representation of the material 
terms of the original document4  7#c7   
,hearsay ,hearsay contained in a        
document or otherwise provided shall be 
considered reliable1 admissible1 and    
probative for the purposes of this ,act4
  7#d7 ,grant withdrawal ,evidence      
produced by the ,united ,states that    
establishes that the ,united ,states    

reserved the land underlying the ,r4,s4 
#bdgg right-of-way before acceptance    
conclusively establishes withdrawal of  
the ,federal grant for the ,r4,s4 #bdgg 
right-of-way4  7c7 ,description of      
categories of evidence ,for the purposes
 of actions under this ,act1 the        
following categories of evidence shall  
be considered3  7#a7 ,category #a       
,category #a evidence consists of each  
of the following types of evidence3 7,a7
 ,a center line or other survey         
conducted by the ,federal ,government or
 duly licensed land surveyor1 applying  
generally accepted survey standards and 
procedures or the ,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 width1
 and type of surface of the ,r4,s4 #bdgg
 right-of-way as of date certain4  7,b7 
,maps1 plats1 maintenance records       

7including actual or estimated costs of 
maintenance71 photographs1 ,,gis or     
global positioning data1 or other       
computer-generated images showing the   
location of the ,r4,s4 #bdgg            
right-of-way prepared1 made1 edited1    
kept1 or relied on1 generally or on a   
case-by-case basis1 by the ,federal     
,government1 a ,state or local          
government1 an institution of higher    
education1 college1 or a 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 entities or 
records constructed1 obtained1 or kept  
by a government in the ordinary course  
of business1 including ,federal1 ,state1
 local1 and territorial records1 such as
 records of the ,departments of the     
,interior1 ,agriculture1 or ,defense1   
the ,bureau of ,land ,management1 the   
,forest ,service1 the ,natural          

,resources ,conservation ,service1 the  
,soil ,conservation ,service1 ,general  
,land ,office1 ,federal centers or      
enclaves1 the ,smithsonian ,institution1
 and the ,library of ,congress4  7#b7   
,category #b ,category #b evidence      
consists of each of the following types 
of evidence3 7,a7 ,historical records   
7other than those described in paragraph
 7#a77;,c771 including original         
documents1 authenticated copies1        
facsimiles1 and computer-transmitted    
images reliably showing evidence of     
construction 7including tools used1 if  
any71 location 7including aerial        
photographs1 topographical maps1 and    
government road maps71 fixtures1 and    
other structures1 or maintenance by a   
,state or local government of the ,r4,s4
 #bdgg right-of-way before ,october #ba1
 #aigf4  7,b7 ,written or transcribed   
oral statements from at least #b        
persons1 given under oath before a      
notary public1 court recorder1 judge or 
any other government official authorized

 by law to administer oaths or otherwise
 authenticated reciting reliable        
knowledge of the facts that establish   
the acceptance by public usage of the   
,r4,s4 #bdgg right-of-way before        
,october #ba1 #aigf4  7,c7 ,a title     
opinion prepared by a duly licensed     
title examiner prepared in accordance   
with generally accepted title standards1
 establishing the title1 location1 and  
dimensions of the ,r4,s4 #bdgg          
right-of-way4  7d7 ,scope ,the scope of 
a ,r4,s4 #bdgg right-of-way shall be the
 scope of the ,r4,s4 #bdgg right-of-way 
as of the date of the enactment of this 
,act4  7e7 ,determination of abandonment
  7#a7 ,in general ,not later than #ij  
days after the date on which a ,r4,s4   
#bdgg right-of-way is conclusively      
established as accepted under subsection
 7b77#a71 the ,secretary shall          
determine1 in writing1 whether the      
,r4,s4 #bdgg right-of-way has been      
previously abandoned by the claimant4   
7#b7 ,failure to make determination ,the

 failure of the ,secretary to make a    
written determination within the        
#ij-;day period described in paragraph  
7#a7 shall conclusively establish that  
the right-of-way has not been abandoned4
  7#c7 ,final agency action ,the        
determination by the ,secretary under   
paragraph 7#a71 or the failure to make  
the determination by the date described 
in that paragraph1 shall be a final     
agency action1 subject to appeal1 in    
accordance with section #f4  7f7        
,disclaimer and relinquishment required 
7#a7 ,in general ,subject to subsection 
7e71 not later than #abj days after the 
date on which evidence to establish     
acceptance of a ,r4,s4 #bdgg            
right-of-way has been filed under this  
section1 the ,secretary shall deliver to
 the claimant a written document        
disclaiming and relinquishing the right 
and interest of the ,united ,states in  
and to the ,r4,s4 #bdgg right-of-way4   
7#b7 ,form ,the disclaimer and          
relinquishment under paragraph 7#a7     

shall be in a form that allows the      
recording of the disclaimer and         
relinquishment in ,state and local real 
estate records4  7#c7 ,recording ,the   
disclaimer and relinquishment under     
paragraph 7#a7 shall-- 7,a7 be recorded 
in the public land records under the    
jurisdiction of the ,secretary2 and     
7,b7 conclusively establish the title of
 the claimant to use the ,r4,s4 #bdgg   
right-of-way4  7#d7 ,review ,the        
document delivered by1 and any actions  
of1 the ,secretary under paragraph      
7#a7--  7,a7 shall only be subject to   
review as provided in section #f2 and   
7,b7 shall not be subject to--  7i7     
quiet title proceedings under section   
#f7;d7 or any other provision of law2 or
  7ii7 any other judicial or            
administrative de novo or on the record 
reviews1 claims1 actions1 or            
proceedings4  7#e7 ,federal register    
notice of final agency action ,not later
 than #cj days after the date on which  
the document is delivered under         

paragraph 7#a71 the ,secretary shall    
publish in the ,federal ,register notice
 of the action by the ,secretary under  
that paragraph4  #f4 ,judicial review   
7a7 ,jurisdiction  7#a7 ,filing ,if a   
claimant seeks to appeal the denial by  
the ,secretary of a claimed ,r4,s4 #bdgg
 right-of-way under this ,act1 the      
claimant shall file an appeal of the    
denial in the district court of the     
,united ,states for the judicial        
district in which the longest lineal    
segment of the claimed ,r4,s4 #bdgg     
right-of-way is located4  7#b7          
,exclusive jurisdiction ,a district     
court described in paragraph 7#a7 shall 
have the exclusive jurisdiction to      
decide the appeal on the record before  
the ,secretary regarding the claimed    
,r4,s4 #bdgg right-of-way1 subject only 
to appeal or review on the record by a  
court with appropriate ,federal         
appellate jurisdiction4  7b7 ,filing    
,any action initiated under subsection  
7a7 shall be filed not later than #cj   

days after the date on which the        
,secretary provides written notice to   
the claimant of the denial by the       
,secretary of the claimed ,r4,s4 #bdgg  
right-of-way4  7c7 ,prior adjudication  
not affected ,nothing in this ,act      
affects a final settlement or final     
judgment in any court of competent      
jurisdiction before the date of the     
enactment of this ,act in which the     
,united ,states was a party in          
determining rights to a ,r4,s4 #bdgg    
right-of-way4  7d7 ,actions ,to quiet   
title unaffected  7#a7 ,in general      
,subject to this section and section #e1
 ,federal court actions to quiet ,r4,s4 
#bdgg titles that involve ,r4,s4 #bdgg  
claims previously filed under this ,act 
in which a disclaimer and relinquishment
 are pending or have been issued are    
null and void4  7#b7 ,allowable actions 
,any quiet title action not prohibited  
under paragraph 7#a7 shall be filed     
during or before the date described in  
section #d7;a77#a74  #g4 ,applicable law

 and time extensions  7a7 ,application  
of ,state and ,federal law  7#a7 ,in    
general ,this ,act shall apply with     
respect to conclusively establishing the
 acceptance1 scope1 validity1 or        
abandonment of a ,r4,s4 #bdgg           
right-of-way4  7#b7 ,preemption ,in the 
case of any inconsistency or conflict   
between the provisions of this ,act and 
,state law1 this ,act shall apply in    
determining the acceptance1 scope1      
validity1 and abandonment of a ,r4,s4   
#bdgg right-of-way4  7b7 ,extension ,the
 ,secretary shall grant a #a-time       
extension of up to #ahj days for any    
deadline established by this ,act for a 
maximum period of #a year1 for good     
cause1 if the claimant submits to the   
,secretary1 not later than #cj days     
before the date on which the deadline   
expires1 a written request for the      
extension signed by the claimant under  
oath or affirmation4  #h4               
,implementation required  7a7 ,in       
general ,subject to section #d7;e7--    

7#a7 not later than #ij days after the  
date of the enactment of this ,act1 the 
,secretary shall complete all policies1 
procedures1 delegations1 forms1 and any 
other action necessary to implement this
 ,act2 and  7#b7 on the completion of   
the actions described in paragraph 7#a71
 begin processing claims under this     
,act4  7b7 ,injunction2 liability ,the  
duties and obligations of1 or failure to
 perform by1 the ,secretary under this  
section-- 7#a7 are enforceable by       
injunction or restraining order2 and    
7#b7 may result in official and personal
 civil liability4  #i4 ,effect2         
applicability  7a7 ,effect on other laws
 ,nothing in this ,act affects or       
modifies--  7#a7 title ,v of the        
,federal ,land ,policy and ,management  
,act of #aigf 7#dc ,u4,s4,c4 #agfa et   
seq472 or  7#b7 title ,,xi of the       
,alaska ,national ,interest ,lands      
,conservation ,act 7#af ,u4,s4,c4 #cafa 
et seq474  7b7 ,excluded land ,nothing  
in this ,act applies to or affects--    

7#a7 the use of ,department of ,defense 
land or land with respect to which the  
,department of ,defense shares control  
or jurisdiction2  7#b7 land that is not 
owned by the ,united ,states2  7#c7 land
 held in trust by the ,secretary of the 
,interior for any ,indian ,tribe2 or    
7#d7 land within the exterior boundary  
of-- 7,a7 a ,national ,park2 or  7,b7 a 
congressionally designated ,national    
,wilderness ,area4  7c7 ,effect on      
claims ,this ,act and the procedures and
 process implemented under this ,act--  
7#a7 shall apply to-- 7,a7 claims filed 
after the date of the enactment of this 
,act2 and  7,b7 claims filed before the 
date of the enactment of this ,act for  
which a final determination has not been
 issued2 and  7#b7 shall not affect the 
ability of a claimant to file or        
maintain a suit with respect to the     
claimed ,r4,s4 #bdgg right-of-way under 
section #bdji;a7m7 of title #bh1 ,united
 ,states ,code1 if the claimant has not 
filed a claim under section #d regarding

 that ,r4,s4 #bdgg right-of-way4  #aj4  
,repeal of restrictions on regulations  
,section #ajh of the ,department of the 
,interior and ,related ,agencies        
,appropriations ,act1 #aiig 7,public    
,law #ajd-bjh2 #aaj ,stat4 #cjji-bjj7 is
 repealed4