Historic Roadways Protection Act
Historic Roadways Protection Act
Plain Language Summary
# Historic Roadways Protection Act Summary **What the Bill Would Do:** This bill would prevent the Bureau of Land Management (BLM) from closing historical roads on federal public lands in Utah until federal courts settle ongoing legal disputes about those roads. The disputes center on whether Utah and its counties have the right to keep certain old roads open on BLM land. These roads date back to an 1866 law that allowed states and counties to build roads across public lands to encourage westward settlement. Although that law was repealed in 1976, it preserved existing road rights that are now disputed between the state/counties and the federal government. **Who It Affects:** Utah residents, county governments, and the BLM would be most directly affected.
The bill impacts about 22 Utah counties that have filed lawsuits claiming rights to maintain historical roads on federal land. More broadly, it affects public access to these roads and how federal lands are managed in Utah. The outcome could set precedent for similar road disputes in other western states. **Current Status:** The bill (HR 376) was introduced by Republican Representative Mike Kennedy of Utah and is currently in committee, meaning it has not yet been voted on by the full House of Representatives.
CRS Official Summary
Historic Roadways Protection ActThis bill prohibits the Bureau for Land Management (BLM) from closing historical roads on public lands in certain areas of Utah until the Federal District Court for Utah makes a decision on each of the R.S. 2477 cases, which are cases brought by Utah and counties to keep historical roads on BLM land in Utah open for public use.By way of background, a provision of the Mining Law of 1866, commonly known as R.S. 2477, granted rights-of-way to states and counties across public lands for the construction of roads for public use in order to promote settlement of the American West. In 1976, Congress repealed R.S. 2477 when it enacted the Federal Land Policy and Management Act (FLPMA), but FLPMA preserved rights-of-way that had been established under R.S. 2477. After the BLM released travel management plans that closed some historical roads, Utah and 22 counties filed lawsuits about their rights-of-way across public lands for historical roads.Until the BLM certifies that those cases have been decided, the bill prohibits the BLM from obligating or expending federal funds to (1) finalize or implement a new travel management plan for certain travel management areas in Utah; or (2) implement, with respect to land within the boundary of Utah, the Indian Creek (Canyon Rims) Travel Management Plan, the San Rafael Desert Travel Management Plan, the San Rafael Swell Travel Management Plan, or the Labyrinth/Gemini Bridges Travel Management Plan.
Latest Action
Referred to the House Committee on Natural Resources.