Media Release: BLUERIBBON COALITION APPLAUDS KEY ROADS LEGISLATION
Contact: Brian Hawthorne, BRC Public Lands Director
Phone: 208-237-1008 (x102)
Fax: 208-237-9424
E-mail: brbrian|removethispart|@sharetrails.org
Date: October 5, 2006
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POCATELLO, ID (October 5) -- The BlueRibbon Coalition (BRC) applauds the introduction of legislation which would further codify the public's title to roads across public lands in the West. New Mexico Congressman Steve Pearce introduced legislation designed to begin the dialogue in Congress and perhaps remove the cloud over title to roads historically protected under Revised Statute 2477. Congressman Pearce cautions recreationists to keep in mind that the legislation may not be the conclusive end this controversy. His objective in introducing his legislation is to find the comprehensive solution that will result, eventually, in a victory for all who value access to public lands.
Brian Hawthorne, BRC's Public Lands Director said; "In many areas, RS 2477 routes play a significant role in recreational access. The introduction of this legislation begins a long overdue dialogue in Congress on how best to deal with the controversy over public access rights."
"R.S. 2477" refers to a now-repealed portion of the 1866 Mining Act, which states "the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted." While this grant of highway construction authority was repealed in 1976, rights-of-way previously created under the statute can effectively remain "grandfathered" by Congress and are used by the public today. RS 2477 claims have engendered great passion and confusion throughout the West, where state and local governments, federal land managers, public access proponents, wilderness advocates and private property owners have regularly taken shifting and conflicting positions on RS 2477 assertions.
Throughout the West, anti-access groups have challenged State and County jurisdiction over these roads. In September of 2005, a three-judge panel of the Federal 10th Circuit Court of Appeals found that state law properly guides interpretation of the existence and scope of any RS 2477 roads. These anti-access attorneys are not likely to concede the fight and have publicly used the term "trench warfare" in describing the battle over title to these roads.
Some in Congress realize that the anti-access groups' brand of "trench warfare" gives the advantage to well funded green groups and disadvantages rural communities and the American people. It is hoped that Pearce's legislation will build on the 10th Circuit Court's findings and will clarify, if not reduce, the role of the courts.
