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RS 2477 Related Links: Click here to see Mayor Peter Corroon's Letter to the Attorney General (.pdf file 64.6KB)Click here to visit the Highway Robbery site for up-to-date RS 2477 information for Utah and across the nation. |
Across the West, state and local governments are getting ready to file thousands of unsubstantiated claims for federal rights-of-way under the provisions of an 1866 mining law known as RS (Revised Statute) 2477. Repealed by Congress in 1976, this law was originally intended to serve the narrow goal of granting the right to construct and use highways across public lands that were not otherwise reserved or set aside for other public uses (such as to protect water supplies, forests, wildlife, or scenic beauty). Instead, it is now viewed as a loophole to allow the bulldozing of a spider web of roads across some of our most scenic and valued national parks and refuges.
The great majority of these phantom-road claims are illegitimate assertions meant to undermine federal protected areas, thwart wilderness protection (because the presence of a road generally disqualifies an area for wilderness designation), and serve special interests, such as mining, timber, oil and gas industries, and off-road-vehicle users. Some counties are asserting RS 2477 road-building rights-of-way claims for cow paths, horse trails, riverbeds, off-road vehicle routes, and for overgrown trails that have not been maintained or driven on for decades, if ever.
Although many of these claims are obviously bogus, the threats are all too real. The unmanaged and unnecessary creation of new roads in pristine areas would degrade water quality, destroy and fragment wildlife habitat, increase the risk of vandalism to archeological sites, encourage the destructive use of off-road vehicles outside of designated-use areas, increase erosion, destroy the peace and quiet of wild areas, and undermine conservation efforts for lands that are meant to be preserved for future generations. This long-outdated statute would allow special interests to bulldoze highways, utility corridors, and pipelines into our most precious parks and refuges and threatens to have a lasting and devastating impact on America’s Western public lands.