article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Revised Statutes 2477 Rights-of-Way Settlement Act''. SEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS GRANTED UNDER REVISED STATUES SECTION 2477. (a) Notice of RS 2477 Right-of-Way.--Any State, political subdivision thereof, or other holder of a right-of-way across public lands which was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, may file with the appropriate Secretary of the Department concerned (hereafter in this Act referred to as the ``Secretary'') a notice of the right-of-way. The notice shall be filed within 10 years after the date of the enactment of this Act, shall identify the State or political subdivision thereof through which the right-of-way passes, and shall contain a map and a general description of the route, termini, and scope of the right-of-way. (b) Recognition of or Objection to Right-of-Way by the Secretary.-- (1) In general.--Not later than two years after the date on which notice is filed with the Secretary under subsection (a), the Secretary shall notify the holder, or other party giving notice, of the recognition or objections of the Secretary of the right-of-way or any portion thereof. In considering any right-of-way notice filed under subsection (a), the Secretary shall recognize any right-of-way which was accepted or established in accordance with the laws of the State where the right-of-way is located or by an affirmative act of a State or political subdivision thereof indicating acceptance of the grant. (2) Recognition.--To the extent the Secretary accepts the right-of-way, the provisions of section 4 shall apply. (3) Objections.--If the Secretary objects to the right-of- way as presented under subsection (a), the Secretary shall specifically state the Secretary's objections to the existence, identity of the holder, route, or scope of the right-of-way, or portion thereof, and shall provide the factual and legal basis for each objection. (4) Effect of failure to object.--If the Secretary does not object within the two-year period required by this subsection, the right-of-way shall be deemed to be valid as it was presented to the Secretary under subsection (a). SEC. 3. JUDICIAL REVIEW. (a) Quiet Title Action Relating to Objections.--Not later than two years after the date on which the Secretary notifies a holder under section 2(b) of objections to a right-of-way, or portion thereof, the Secretary may bring an action based on those objections in a United States district court in which the right-of-way or a portion thereof is located to challenge the validity of the right-of-way or portion thereof. (b) Burden of Proof.--In any action brought pursuant to subsection (a), the United States shall bear the burden of proof on all issues, including (but not limited to) proving that-- (1) the right-of-way was not a public right-of-way; (2) the right-of-way was not accepted or established in accordance with the laws of the State where the right-of-way is located or by an affirmative act of a State or political subdivision thereof indicating acceptance of the grant; (3) the land on which the right-of-way is located was reserved for public use at the time of acceptance of the right- of-way; and (4) the scope of the right-of-way identified in the notice of right-of-way exceeds that permitted under State law. (c) Failure To Bring Action.--If the Secretary does not bring such an action within the two-year period required by this subsection, the right-of-way shall be deemed to be valid in the form presented under section 2(a). (d) Standing.--Standing to challenge an action of the Secretary under this Act relating to the existence, description, route, or scope of a right-of-way shall be limited to a party with a claim of a property interest in or to the right-of-way or in lands served thereby. SEC. 4. MANAGEMENT OF LANDS. A right-of-way accepted or deemed to be accepted under this Act is valid. The Secretary shall record the right-of-way in the land records and on maps of the Secretary and shall manage the lands subject to the right-of-way accordingly. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Quiet Title Action.--Nothing in this Act shall be construed to prevent the holder of a right-of-way described in section 2 from bringing an action at any time to quiet title with respect to such right-of-way under section 2409a of title 28, United States Code, nor shall any proceedings taken pursuant to this Act be deemed a prerequisite to filing any such action. Such action may be brought within the later of-- (1) 12 years from the date of notice of objection from the Secretary under section 2(b)(1); or (2) the termination of the limitations period under section 2409a of title 28, United States Code. (b) Relinquishment Not Required.--Nothing in this Act shall be construed to require a relinquishment of a right-of-way granted under section 2477 of the Revised Statutes. A failure to file the notice provided for under section 2(a) does not constitute a relinquishment of any such right-of-way. (c) Application of State Law.--Nothing in this Act shall be construed to limit the application of State law in determining the validity of rights-of-way granted under section 2477 of the Revised Statutes. In every proceeding the law of the State where the right-of- way is located shall determine the scope of the right-of-way. The published regulations of the Department of the Interior pertaining to section 2477 of the Revised Statutes which were in effect until the date of enactment of the Federal Land Policy and Management Act of 1976 shall be binding on the Secretary in all such proceedings. (d) NEPA.--The National Environmental Policy Act of 1969 shall not apply with respect to actions taken to carry out this Act. (e) Road Closures.--The Secretary shall not close any right-of-way granted under section 2477 of the Revised Statutes which was in use prior to October 21, 1976, until one year after providing notice to the State and any political subdivision thereof with jurisdiction over highways in that location which describes the right-of-way and the purpose of the intended closure. In no event shall the Secretary close any such right-of-way if closure would leave any non-Federal lands adjoining the right-of-way without an established public or private access.
summary: Revised Statutes 2477 Rights-of-Way Settlement Act - Authorizes any State, political subdivision thereof, or other holder of a right-of-way across public lands that was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, to file with the appropriate Secretary of the Department concerned a notice of the right-of-way. Directs the Secretary to notify the holder (or other party giving notice) of the recognition or objections of the Secretary to the right-of-way or any portion thereof within two years or the right-of-way shall be deemed to be valid. Allows the Secretary to bring an action to challenge the validity of the right-of-way in a U.S. district court within two years after notifying a holder of objections or the right-of-way shall be deemed to be valid. Permits a holder to bring an action to quiet title with respect to such a right-of-way within the later of: (1) 12 years from the date of notice of objection from the Secretary; or (2) the termination of the limitations period applicable under the Federal judicial code. Prohibits the Secretary from closing any right-of-way in use before October 21, 1976: (1) until one year after providing notice to the appropriate State or subdivision; or (2) if closure would leave any adjoining non-Federal lands without an established public or private access.