H.R.1639 - R.S. 2477 Rights-of-Way Act of 2003108th Congress (2003-2004)
Summary: H.R.1639 — 108th Congress (2003-2004)
R.S. 2477 Rights-of-Way Act of 2003 - Permits the filing of claims asserting the existence and validity of right-of-ways pursuant to a repealed section of the Revised Statutes (R.S. 2477) to build highways across public land not reserved for public uses.
Introduced in House (04/03/2003)
Declares that claimants shall have the burden to prove that the grant of a right-of-way was validly accepted and not abandoned. Presumes abandoned claims involving lands within a conservation system unit, an inventoried roadless area, or a wilderness study area or that are former Federal lands, unless use was open and notorious.
Directs an authorized Federal officer to review the evidence put forth by a claimant that: (1) a R.S. 2477 right-of-way contains sufficient evidence to prove prior construction and use of a highway over unreserved public lands; and (2) if there is evidence of such a highway, that the right-of-way was not abandoned.
Subjects the administrative record of a final decision of an authorized Federal officer to judicial review.
Allows the United States to retain exclusive possession or control of the lands traversed by a valid right-of-way or any part thereof, upon payment to the claimant of an amount set by the relevant district court.
Recognizes the prior adjudication of claimed right-of-ways by courts of competent jurisdiction. States that nothing in this Act shall be construed to alter provisions of: (1) the Federal Land Policy and Management Act of 1976 regarding right-of-ways with respect to public lands and National Forest System lands; or (2) the Alaska National Interest Lands Conservation Act pertaining to Alaska's transportation and utility network.