; or (C) 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. (3) Claim The term claim means the assertion of title to an R.S. 2477 right-of-way filed under section 4(a)(1). (4) Claimant The term claimant means any State, county, political subdivision or agency of a State, corporation or other person asserting title to a right-of-way under R.S. 2477. (5) Construction The term construction means the physical activity reasonably necessary, advisable, or desirable to allow safe, 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. (6) Continuous public use 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 road and the nature of the use and does not require a determination of frequency of use. Continuous public use includes use that may be interrupted by events of nature or seasonal use. (7) Disclaimer and relinquishment 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 or relinquishing any ownership interest of the Federal Government in an 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 ), or section (e) of the Federal Quiet Title Act ( 28 U.S.C. 2409a ). A disclaimer issued by the Secretary is valid without judicial adjudication. (8) Evidence 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