Sec. 3. Definitions
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In this Act: 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 right, title, and claim to a R.S. 2477 right-of-way is relinquished. The terms acceptance and accepted mean— a positive or affirmative action by a State or county governmental authority on or before October 21, 1976, including— a formal resolution or declaration of ownership; or the inclusion of a highway in an official road map; the construction, improvement, or maintenance of a highway by a State or county governmental authority on or before October 21, 1976; or the continuous use of a highway by the public for a period of not fewer than 5 consecutive years ending on a date that is on or before October 21, 1976.
The term claim means the assertion of public acceptance of a R.S. 2477 right-of-way filed under section 4(a)(1). The term claimant means any State, county, political subdivision or agency of a State, company, or other person asserting the public acceptance of a right-of-way under R.S. 2477. The term construction means the physical activity reasonably necessary, advisable, or desirable to allow continuous public use over a highway according to the intended mode of travel or transportation, which may be established by the use of any tools or equipment, or other means, including mere usage.
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 use. 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 R.S. 2477 right-of-way, including a deed or equivalent document issued under section 315 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1745 ).
The term evidence means any testimony, object, or document described in section 5 that would be reliable, authentic, probative, and persuasive in Federal district court under the Federal Rules of Evidence that are in effect on the date of the enactment of this Act. The term highway means any road, way, or other land surface route of travel that the public has the right of use for passage, whether by carriage, animal, foot, or non-motorized or motorized vehicle. The term improvement means— the widening of a highway; the horizontal or vertical realignment of a highway; the installation (as distinguished from cleaning, repair, or replacement in kind) of a bridge, culvert, or other drainage structure or conduit; or any significant change in the surface composition of a highway.
The term maintenance means the preservation of an existing highway, including— the physical upkeep of the highway; the repair or replacement of wear or damage to the highway, including bridges, culverts, or other drainage structures or conduits, from natural or other causes; the restoration of the shape of the highway; and the gradation of the highway or other measures to ensure that the shape of the highway permits drainage. The term public land means land— that is owned, controlled by, or subject to the jurisdiction of the Federal Government for the benefit of the public; and that was not reserved on the date on which a R.S. 2477 right-of-way grant was accepted.
The terms public or public user mean all natural persons, including Federal lessees, permitees, licensees, invitees, and any other natural person that holds an authorization or is otherwise allowed to enter or use public land. 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 employee. The term R.S. 2477 means section 2477 of the Revised Statutes ( 43 U.S.C. 932 ) repealed by section 706 of the Federal Land Policy and Management Act of 1976 ( Public Law 94–579 ; 90 Stat. 2793).
The term R.S. 2477 right-of-way means an open-ended grant or dedication of land by the United States for rights-of-way allowing public use and passage, which could be accepted. The term reserved means action by the Secretary, before the earlier of a R.S. 2477 right-of-way acceptance or October 21, 1976— to withdraw land from the public domain; to make the land unavailable for appropriation under public land laws; and to dedicate the land by the United States to a specific public purpose, such as a park, military establishment, wilderness area, tribal land, or Federal enclave, that does not rely on a R.S. 2477 right-of-way for the public purpose.
The term reserved does not apply to an action of the Secretary with respect to the designation of a wilderness study area, an area of critical environmental concern, or land with wilderness characteristics. The term scope means the established width of a R.S. 2477 right-of-way as of the date of acceptance, 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 (including permissible improvements, realignments, or relocation), and is not limited to the disturbed surface of the highway.
The term Secretary means the Secretary with management jurisdiction over land owned or controlled by the United States on which a R.S. 2477 right-of-way is claimed to be located.
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- Pub. L. 94-579
- 90 Stat. 2793
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