Lee Bill to Protect Historic Roadways Advances Out of Committee

WASHINGTON - Today, the Senate Committee on Energy and Natural Resources advanced Chairman Mike Lee's legislation, S. 90, the Historic Roadways Protection Act, which maintains longstanding rights-of-way across Utah's public lands while ongoing court cases determine ownership.<_o3a_p>

The bill responds to Biden-era federal travel management plans that have permanently closed hundreds of miles of roads in Utah, including roads claimed under Revised Statute 2477, an 1866 law enacted to encourage settlement and development in the American West. Although R.S. 2477 was repealed in 1976, Congress explicitly preserved existing rights-of-way, many of which remain the subject of active litigation.<_o3a_p>

During the committee's business meeting, Chairman Lee emphasized that the Bureau of Land Management is moving faster than the courts, closing roads before ownership questions are resolved.<_o3a_p>

"Many of these roads were built long before the modern federal land management system existed," said Chairman Lee. "When Congress repealed R.S. 2477 in 1976, it did not erase those roads. It explicitly preserved them. Yet the Bureau of Land Management is closing roads faster than the courts can adjudicate my state and counties' claims to those roads. That is backwards."<_o3a_p>

In one area near Moab, a single travel management plan closed more than 300 miles of roads, over a third of which are claimed as R.S. 2477 rights-of-way. Utah counties have filed more than 12,500 claims statewide, many of which remain unresolved. Federal courts have already ruled in favor of Utah in several cases, including granting title to roads such as House Rock Valley Road and Hole-in-the-Rock Road.<_o3a_p>

"The Historic Roadways Protection Act simply says this," continued Chairman Lee. "Until the courts determine who owns these roads, the federal government may not permanently close them. It does not decide ownership. It does not resolve the lawsuits. It just ensures the damage is not done before the law has its say."<_o3a_p>

The Historic Roadways Protection Act prohibits the use of federal funds to finalize or implement certain travel management plans in Utah until all R.S. 2477 claims are fully adjudicated. <_o3a_p>

For bill text, click HERE<_o3a_p>

For one-pager, click HERE<_o3a_p>

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