| R.S. 2477 - Rights
of Way Issue |
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Congress enacted in 1866, the ability for citizens, counties and states to assert a "right-of-way for the construction of highways over public lands." This right existed until the Federal Land Management and Policy Act, FLPMA, was enacted in 1976. Congress then stated that such rights-of-way were no longer allowed. Since 1976, it has been an ongoing issue between the federal government, counties, states and citizens as to which roads were developed in the West under the RS 2477 authority and thus belong to the counties, not the federal government. In 1997, Congress directed that the Department of the Interiornot issue any new regulations on R.S. 2477 and since that time, there has been no action to resolve any of the hundreds of disputed roads.
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The Department of the Interior and the State of Utah signed a landmark agreement in April 2003 that aimed at resolving this uncertainty about existing rights-of-way claims on federal land through a cooperative agreement. The agreement establishes a cooperative, public involvement process to resolve the disputed roads under an existingrecordable disclaimer rule that will allow the federal government to remove a cloud on the title to the road if the Secretary finds no federal interest in that road. However, the agreement with the State of Utah specifies a number of conditions before anyone can apply to gain clear title to a road, or other right-of-way. These conditions require that:
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| The Utah Agreement applies only to lands within the State of Utah. All other states or counties must reach a similar agreement in understanding with the Department of the Interior before they are able to begin applying for disclaimers in their states,
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| No disclaimers of interestcan be applied for in a National Park, National Wildlife Area, in a Wilderness or Wilderness Study Area.
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| The applicant must show that the road has been and will continue to be publicly traveled and maintained,
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| No claim will be honored beyond the existing width of the road or the type of road, meaning that, for example, a dirt road cannot be widened or paved.
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| The disclaimer process will allow for public input as each application is considered.
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| The Bureau of Land Management is in the process of working with the State of Utah on the details of the agreement so that the state can begin applying for the disclaimers on the disputed roads.
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| News Releases on Rights of Way Issue |
| 04/09/2003
| Interior
and State of Utah Reach Landmark Agreement on R.S. 2477 Rights-of-Way
Issue |
