General Land Office, Federal centers or enclaves, the Smithsonian Institution, and the Library of Congress that show that the right-of-way was accepted by a State or county governmental authority prior to October 21, 1976. (C) Maps, plats, maintenance records (including actual or estimated costs of maintenance), photographs, or other computer-generated images demonstrating that the claimed R.S. 2477 right-of-way was regularly maintained by a State or county governmental authority or private individual prior to October 21, 1976. (D) Written or transcribed oral statements given under oath before a notary public, court reporter, 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 21, 1976. (2) Category 2 Category 2 evidence consists the following types of evidence: (A) In addition to the records described in paragraph (1)(B) and(C), other historical records including original documents, authenticated copies, facsimiles, and computer-transmitted images (including aerial photographs, topographical maps, and government road maps), reliably showing evidence of public usage of a R.S. 2477 right-of-way before October 21, 1976. (B) Written or transcribed oral statements given under oath before a notary public, court recorder, 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 R.S. 2477 right-of-way before October 21, 1976. (d) Determination of abandonment (1) In general Not later than 90 days after the date on which a R.S. 2477 right-of-way is conclusively established as accepted under subsection (b)(1), the Secretary shall determine, in writing, whether the R.S. 2477 right-of-way has been previously abandoned by the claimant. (2) Failure to make determination The failure of the Secretary to make a