Historic Roadways Protection Act
Historic Roadways Protection Act
Plain Language Summary
# Historic Roadways Protection Act – Summary **What the bill does:** This bill would prevent the Bureau of Land Management (BLM) from closing old historical roads on federal public lands in Utah until courts finish deciding legal cases about whether those roads should stay open. The disputes stem from an 1866 law that gave states and counties the right to build roads across public lands to encourage western settlement. Utah and 22 counties have filed lawsuits claiming they still have rights to keep certain historical roads open, even though the federal government stopped granting new road rights in 1976. **Who it affects:** The bill primarily impacts Utah state and local governments, residents who use these historical roads, and the BLM.
It also affects land management decisions on federal property in Utah, which could influence public access to recreation and other activities on those lands. **Current status:** The bill (S. 90) is currently in committee and has not yet been voted on by the full Senate. It was introduced by Senator Mike Lee (R-Utah) in the 119th Congress.
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 In 1976, Congress repealed R.S. 2477 when it enacted the Federal Land Policy and Management Act (FLPMA), but FLPMA preserved rights-of-way that had been established under R.S. 2477.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
Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.