The R.S. 2477 Rights-Of-Way Recognition Act

THE R.S. 2477 RIGHTS-OF-WAY RECOGNITION ACT -- (Extensions of Remarks - September 29, 2006)

SPEECH OF HON. STEVAN PEARCE OF NEW MEXICO
IN THE HOUSE OF REPRESENTATIVES
FRIDAY, SEPTEMBER 29, 2006

* Mr. PEARCE. Mr. Speaker, I rise today to introduce ``The R.S. 2477 Rights-of-Way Recognition Act.'' I am introducing this legislation to advance the dialogue on an issue very important to my constituents and many other stakeholders, particularly in the western United States.

* R.S. 2477 Rights-of-Way were originally granted by the 1866 Mining Law. However, in 1976 with the passage of the Federal Land Policy and Management Act or FLPMA, the R.S. 2477 statute was repealed while grandfathering in existing claims. Since the passage the FLPMA and its repeal of R.S. 2477, a long-standing dispute regarding these grandfathered claims has persisted with the validity of these rights-of-way remaining in doubt.

* The purpose of my bill is to remove this cloud, once and for all, by declaring that State and local governments hold valid rights-of-way for all public roads that were documented on government maps and photographs at the time the FLPMA's grandfather clause was enacted.

* Everyone must clearly understand the scope of this legislation. It does not establish new claims or to provide a method by which any party may to build roads or improvements on claims not valid under FLPMA. Instead, this legislation intends to reaffirm the rights and responsibilities of State and local governments to the rights-of-way that Congress intended they retain when passing FLPMA.

* Thus, any attempt to construe this legislation as an endeavor to create a system of superhighways through public lands is just plain wrong. This bill draws from the landmark decision by the United States Court of Appeals for the Tenth Circuit concerning the nature of an R.S. 2477 right of way, the meaning of unreserved federal land for R.S. 2477 purposes, and the principles governing the creation, nature, extent, use and maintenance of R.S. 2477 public roads.

* Supporters of this legislation should keep in mind that the bill I am introducing today is not the conclusive end this controversy. Today's introduction marks the start of a dialogue that I hope leads to a comprehensive solution and eventually a victory for all the stakeholders; a victory that protects our public lands, the rights of property owners, and the legitimate interests of Federal, State, and local governments.

* As we close the 109th Congress, let us each strive to work together to solve some of our most divisive public lands issues. Doing so requires engaging all parties through dialogue, creativity and persistence so that we may find common sense solutions that will meet the needs of the American public.

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