Highway Claims Resolution Act of 2005

Summary

Highway Claims Resolution Act of 2005 - Permits, for a four-year period following the enactment of this Act, the filing of claims asserting the existence and validity of right-of-ways, pursuant to a repealed section of the Revised Statutes (R.S. 2477), to build highways across public land not reserved for public uses. Deems a failure to make and prove such claim a relinquishment of all right-of-way rights. Requires claimants to submit evidence in support of a claim within six years of the claim filing. Declares that claimants shall have the burden of proof that the grant of a right-of-way was validly accepted. Directs an authorized officer (designated by the Secretary of the Interior) to review evidence submitted and determine whether the claim is presumptively valid. Subjects to judicial review the administrative record of the final decision of an authorized officer. Prohibits charging a state, county, or local government a fee for the filing of a claim. Allows the United States to retain exclusive possession or control of federal conservation, tribal, or defense lands traversed by a valid right-of-way, upon payment to the claimant of an amount set by the relevant district court. Requires the recording of recognized claims. Recognizes the prior adjudication of claimed rights-of-way by courts of competent jurisdiction. States that nothing in this Act shall be construed to alter provisions of the: (1) Federal Land Policy and Management Act of 1976 regarding rights-of-way with respect to public lands and National Forest System lands; or (2) Alaska National Interest Lands Conservation Act regarding Alaska's transportation and utility network.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 26 July 2005

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• Introduced in House (PDF)

  Introduced in House · EN · 26 July 2005

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• Introduced in House

  summary · EN · 26 July 2005

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