CACHE COUNTY R.S.2477 CLAIMS

Cache RS 2477 road

Cache County Claims 197 miles of Forest Service Roads

Cache County RS 2477 Related Links:

RS 2477 In The Press

Forest Service Letter to Cache County Council - December 2006

Cache County Council Resolution 2006-31 - RS 2477

Cache County Council Resolution 2007-13

Cache County Council Resolution 2007-12

Other RS 2477 Links:

RS2477 Claims in Salt Lake Coun

The battle over roads across federal land once again has the spotlight focused on the state of Utah. Cache County, one of the most northern counties in the state has asserted claim to more than 197 miles of roads on the Wasatch Cache National Forest. In two separate votes, County Council members passed resolutions claiming County ownership of federal roads within the forest purporting to use a civil-war era statute referred to as Revised Statute 2477.

Revised Statute 2477 (RS 2477), repealed in 1976, allowed construction of highways across public lands not set aside for specific public purposes.  Despite the revocation of RS 2477, states retained the right to file right-of-way claims on highways the construction of which could be proved to have occurred before 1976.  Counties in southern Utah have also filed dozens of RS 2477 highway claims in order to prevent wilderness designation and to allow industrial access to national parks.

Cache County has maintained that the motive behind these claims is to assist with the Logan Ranger District in the upkeep and maintenance of the roads that lie within the Forest boundaries. They intend to apply for Utah State class B road funding to maintain these federal roads.

In a December letter to the Council, then District Ranger Rob Cruz was quick to point out that there were several other options available to the County to address access and maintenance issues that may be "simpler, less costly and provide more certainty than ascertaining rights-of-way under RS 2477."

Despite the suggestions and warnings of the Forest Service's letter, Cache County passed Resolution 2006-31 declaring "certain Forest Service roads" as County roads, using RS 2477 as their justification. Since the date of the passage of that resolution, Save Our Canyons has been trying to obtain records from the County, via the Governmental Records Access and Management Act (GRAMA), as to what they consider their "proof" of ownership. The only bit of information we have received was from a meeting with the County Attorney where he said that the County was incorporated in 1857, and the Forest Reserve wasn't established until 1903.

Again, on a May 8, 2007 Council Meeting, Cache County passed Resolution 2007-13 that claimed 197 miles of Forest Service road as their own. The roads that were claimed in the attached document were prepared by the Forest Service as a Schedule A agreement. The Schedule A is a maintenance agreement between the Forest Service and a County where the County helps offset the costs of maintenance. These agreements give no control to the County and are done under the supervision of the Forest Service. Cache County, however, is seeking maintenance of roads in addition to ownership.

On the same day, the Council also passed Resolution 2007-12 that claimed RS 2477 rights-of-way across private property. This is only one instance in the County where private property owners are being "runover", further proving that the County is seeking all roads within the County boundary, regardless of ownership status.

Save Our Canyons is very concerned about the direction that Cache County is going. We are hoping to see the County look at avenues other than RS 2477, in an effort to work together with property owners and the land management agency rather than compromising the integrity of our public lands.


RS 2477 In The Press

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