; and (ii) is not limited to the disturbed surface of the highway. (B) For the purposes of this definition, the right-of-way condition of a road that has been open for at least the previous 5 years shall be used as a rebuttable presumption of what is reasonable and necessary. (18) Secretary 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. 4. Filing of claim (a) In general A claimant of a right-of-way granted under R.S. 2477 may file a claim under this section. (b) Administrative claim after filing claim under title 28 (1) In general A claimant is deemed to have filed a claim under paragraph (1) if, before the date of the enactment of this Act, the claimant— (A) filed a notice of an intent to file suit with respect to a claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code; or (B) filed suit with respect to a claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code. (2) Pending court action If a claimant is deemed to have filed a claim under paragraph (1) with respect to a previously filed claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code, any suit filed by or on behalf of the claimant with respect to public acceptance of the right-of-way shall, except as to the preservation of evidence, be held in abeyance pending final determination under this Act and shall be dismissed without prejudice when acceptance of the right-of-way is finally determined under this Act, and all challenges thereto have been exhausted. (c) Form