,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgih ,,in ,,the ,,house ,,of ,,representatives ,november #bj1 #bjbj,mr4 ,cook 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 title 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 title4,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 preserve historical access to the public lands by achieving 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 authorizing administrative procedures and establishing evidentiary standards for the processing of ,r4,s4 #bdgg right-of-way claims2 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 ,federal ,r4,s4 #bdgg right-of-way grants2 7#c7 recognizing and protecting valid existing rights2 and 7#d7 requiring that any actions by a successful claimant improving1 upgrading or expanding an ,r4,s4 #bdgg right-of-way are conditioned upon consultation with the ,secretary4 #c4 ,definitions ,in this ,act3 7#a7 ,abandon or abandonment ,the terms abandon and abandonment mean formal action by the governing body of a claimant taken at a public meeting pursuant to notice that declares all of claimant's 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 acts on the part of a claimant sufficient to manifest an intent to accept the open congressional offer under ,r4,s4 #bdgg right-of-way1 including-- 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 ownership of1 or responsibility for maintaining1 a highway2 or 7ii7 the inclusion of a highway in an official map that reflects such ownership or maintenance responsibility2 7,b7 the construction1 improvement1 repair or maintenance of a highway by a ,state or county governmental authority1 or private party 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 title to an ,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 corporation or other person asserting title to 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 safe1 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 road and the nature of the use and does not require a determination of frequency of use4 ,continuous public use includes use that may be interrupted by events of nature or seasonal 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 or relinquishing any ownership interest of the ,federal ,government in an ,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 #agde71 or section 7e7 of the ,federal ,quiet ,title ,act 7#bh ,u4,s4,c4 #bdji;a74 ,a disclaimer issued by the ,secretary is valid without judicial adjudication4 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 right-of-way1 or other land surface route of travel over which 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 is distinguished from ordinary maintenance and repair and includes-- 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 upgrade in the surface composition of a highway4 7#aa7 ,maintenance ,the term maintenance means the preservation of an existing highway1 including but not limited to-- 7,a7 the physical upkeep of the highway2 7,b7 the repair or replacement of wear or damage to the highway1 including to bridges1 culverts1 or other drainage structures or conduits1 from natural or other causes2 7,c7 the restoration of the shape or path of the highway2 and 7,d7 the gradation of the highway or other measures to ensure that the shape of the highway permits drainage or safe passage over the highway by the public4 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 other1 specific public purpose 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 persons authorized or otherwise allowed to enter or use public land1 and includes ,federal lessees1 permittees1 licensees1 and invitees4 7,b7 ,exceptions ,the terms public or public user do not include any ,federal agent or employee acting within the scope of their agency or employment4 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 a public right-of-way allowing public use and passage1 which could be accepted by a claimant on or before ,october #ba1 #aigf4 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 or otherwise permit an ,r4,s4 #bdgg right-of-way for the specific public purpose4 7,b7 ,clarification ,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 lands not formally designated by ,congress as wilderness1 or lands with wilderness characteristics4 7#ag7 ,scope 7,a7 ,the term scope-- 7i7 means the width of a ,r4,s4 #bdgg right-of-way as of ,october #ba1 #aigf1 including the area reasonable and necessary to meet the public convenience or safety 7including maintenance1 repair and realignment7 or the exigencies of increased travel1 based on the traditional uses of a highway2 and 7ii7 is not limited to the disturbed surface of the highway4 7,b7 ,for the purposes of this definition1 the right-of-way condition of a road that has been open for at least the previous #e years shall be used as a rebuttable presumption of what is reasonable and necessary4 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 ,in general ,a claimant of a right-of-way granted under ,r4,s4 #bdgg may file a claim under this section4 7b7 ,administrative claim after filing claim under title #bh 7#a7 ,in general ,a claimant is deemed to have filed a claim under paragraph 7#a7 if1 before the date of the enactment of this ,act1 the claimant-- 7,a7 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 7,b7 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 ,pending court action ,if a claimant is deemed to have filed a claim under paragraph 7#a7 with respect to a previously filed 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 shall1 except as to the preservation of evidence1 be held in abeyance pending final determination under this ,act and shall be dismissed without prejudice when acceptance of the right-of-way is finally determined under this ,act1 and all challenges thereto have been exhausted4 7c7 ,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 a center line description1 or other verified survey meeting generally accepted standards and procedures1 clearly showing the location1 route1 direction1 beginning and end points and length1 together with an average width of the claimed ,r4,s4 #bdgg right-of-way as of a date certain2 7,b7 evidence demonstrating the acceptance and scope of the claimed ,r4,s4 #bdgg right-of-way2 and 7,c7 proof of notice or attempted notice by the claimant under subsection 7e74 7d7 ,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 7e7 ,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 has filed a notice of an intent to file suit1 or has filed suit1 with respect to the claimed ,r4,s4 #bdgg right-of-way under section #bdji;a7m7 of title #bh1 ,united ,states ,code1 on or before the date of the enactment of this ,act4 7f7 ,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 7g7 ,statute of limitations ,except as provided in subsection 7a77#a71 any statute of limitations for asserting title to an ,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 ,evidence 7#a7 ,in general ,acceptance and scope of the ,r4,s4 #bdgg right-of-way 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 one item of evidence from among the categories of evidence described in subsection 7c77#a72 or 7,b7 at least two items of evidence from among the categories of evidence described in subparagraphs 7,a7 or 7,b7 of subsection 7c77#b74 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 that establishes that the ,united ,states reserved the land as herein defined underlying the claimed ,r4,s4 #bdgg right-of-way before acceptance conclusively establishes withdrawal of the ,federal grant and defeats the claim4 7c7 ,description of categories of evidence ,for the purposes of processing claims under this ,act1 the following categories of evidence shall be considered3 7#a7 ,category #a ,category #a evidence consists of the following types of evidence3 7,a7 ,official minutes1 resolutions1 declarations1 or written agreements of a ,state or county governmental body reflecting or otherwise memorializing a positive or affirmative action by a ,state or county governmental body accepting a claimed ,r4,s4 #bdgg right-of-way prior to ,october #ba1 #aigf4 7,b7 ,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 ,congress that show that the right-of-way was accepted by a ,state or county governmental authority prior to ,october #ba1 #aigf4 7,c7 ,maps1 plats1 maintenance records 7including actual or estimated costs of maintenance71 photographs1 or other computer-generated images demonstrating that the claimed ,r4,s4 #bdgg right-of-way was regularly maintained by a ,state or county governmental authority or private individual prior to ,october #ba1 #aigf4 7,d7 ,written or transcribed oral statements given under oath before a notary public1 court reporter1 judge or any other government official authorized by law to administer oaths or otherwise authenticated stating that the right-of-way was regularly maintained by a ,state or local government or private individual prior to ,october #ba1 #aigf4 7#b7 ,category #b ,category #b evidence consists the following types of evidence3 7,a7 ,in addition to the records described in paragraph 7#a77;,b7 and7,c71 other historical records including original documents1 authenticated copies1 facsimiles1 and computer-transmitted images 7including aerial photographs1 topographical maps1 and government road maps71 reliably showing evidence of public usage of a ,r4,s4 #bdgg right-of-way before ,october #ba1 #aigf4 7,b7 ,written or transcribed oral statements 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 7d7 ,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 appeal by the claimant only in accordance with section #f4 7e7 ,disclaimer and relinquishment required 7#a7 ,in general ,not later than #ahj days after the date on which evidence establishing 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 ,improvement consultation ,the disclaimer and relinquishment shall clearly state that any future improvement of an ,r4,s4 #bdgg right-of-way is conditioned upon consultation with the ,secretary4 7#d7 ,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 the ,r4,s4 #bdgg right-of-way4 7#e7 ,review ,the document delivered by1 and any actions of1 the ,secretary under paragraph 7#a7-- 7,a7 shall be subject to review only as provided in section #f2 and 7,b7 shall not be subject to-- 7i7 quiet title proceedings under any other provision of law2 or 7ii7 any other judicial or administrative de novo or on the record reviews1 claims1 actions1 or proceedings4 7#f7 ,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 #abj 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 #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 ,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 ,act and1 on the completion of the actions described in paragraph 7#a71 begin processing claims under this ,act4 7b7 ,injunction2 liability ,the duties and obligations of 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 boundary of-- 7,a7 a ,national ,park 7to exclude lands other than ,national ,parks which are under the jurisdiction or administration of the ,national ,park ,service72 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 pursuant to this ,act 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 issued and which have been converted by claimant for processing under the provisions of this ,act by filing the claim under section #d2 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