Federal Regulations | 42 CFR Subpart 1864 – Recordable Disclaimers of Interest in Land

43 CFRPublic Lands: InteriorSubtitle B –  [ Regulations Relating to Public Lands (Continued)]  CHAPTER II BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR SUBCHAPTER A __ GENERAL MANAGEMENT (1000) PART 1860 – CONVEYANCES, DISCLAIMERS, AND CORRECTION DOCUMENTS Subpart 1864 – Recordable Disclaimers of Interest in Land 1864.0-1    Purpose.1864.0-2    Objectives.1864.0-3    Authority.1864.0-5    Definitions.1864.1       Application for issuance of […] →Read more

Fact Sheet | Resolution of R.S. 2477 Right-of-Way Claims

The Following was published by the Bureau of Land Management in Utah and gives insight on how to implement a cooperative agreement between local governments and federal land managers as described in the Bureau of Land Management Memorandum Of Understanding with the state of Utah. The BLM acknowledges that other interested states and counties may […] →Read more

MEMORANDUM OF UNDERSTANDING Between The State of Utah and The Department of the Interior On State and County Road

This Memorandum of Understanding (MOU) is entered into between the U.S. Department of the Interior and the State of Utah on this 9th day of April 2003. WHEREAS, 1.   In a Report to Congress prepared in June of 1993, the Department of the Interior explained that unresolved conflicts over the status of rights-of-way created pursuant […] →Read more

Recognition of R.S. 2477 Rights-of-Way under the Department of the Interior’s FLPMA Disclaimer Rules and Its Memorandum of Understanding with the State of Utah, B-300912, February 6, 2004

The Honorable Jeff Bingaman Ranking Minority Member Committee on Energy and Natural Resources United States Senate Subject: Recognition of R.S. 2477 Rights-of-Way under the Department of the Interior’s FLPMA Disclaimer Rules and Its Memorandum of Understanding with the State of Utah Dear Senator Bingaman: This responds to your request for our opinion on actions by […] →Read more

“Defendants’ Opposition to Plaintiff’s Motion for Partial Summary Judgement”November 1, 1996

TABLE OF CONTENTS I. STATEMENT OF MATERIAL FACTS II. ARGUMENT A. INTRODUCTION B. NPS HAS NOT ESTABLISHED UNDISPUTED MATERIAL FACTS C. NPS HAS NOT SHOWN A LEGAL BASIS FOR ITS ASSERTED RIGHT TO INTERFERE WITH NORMAL MAINTENANCE ACTIVITIES WITHIN THE EXISTING DISTURBED AREA ON THE BOULDER-T0-BULLFROG ROAD. 1. NPS ignores explicit statutory limitations on its authority a. CRNP legislation b. NPS Organic act […] →Read more

“Reply to United States’ Opposition to Defendants’ Motion to Dismiss”October 11, 1996

Defendants Garfield County, Louise Liston, D. Maloy Dodds, Clare M. Ramsay, and Brian B. Bremner (hereinafter referred to collectively as Garfield County) hereby reply to the United States’ Opposition to Defendants’ Motion to Dismiss.(1) INTRODUCTION Plaintiff has stated general rules of law but ignored the specific rules that apply in this case, thus missing the […] →Read more

Key Legal Documents From USA v. Garfield County (Utah), The Boulder-to-Bullfrog Road (Burr Trail Road) Litigation

NOTE: The Boulder-To-Bullfrog Road (commonly also called the Burr Trail Road) in Garfield County in southern Utah has been the focus of RS 2477 litigation for more than a decade. During that litigation, many very important legal precedents have been set. Virtually all of them reaffirm and further protect the bundle of rights which Congress conveyed […] →Read more

“Memorandum of Authorities in Support of Motion to Dismiss”

July 30, 1996 CONTENTS I. INTRODUCTION II. STATEMENT OF FACTS: THE ALLEGATIONS OF THE COMPLAINT III. DISCUSSION A. Plaintiff Has Failed to Give the Requisite Notice under the Utah Governmental Immunity Act7 B. Plaintiff has Failed to Allege the Necessary Elements of a Trespass Claim7 C. Plaintiff’s Complaint Relies on an “Authority” which has no […] →Read more

Excerpts From Judge Sam’s Preliminary Decision

Prepared By The Western Counties’ Resources Policy Institute Background In the fall of 1996, the BLM sued three Utah counties, Garfield, Kane and San Juan, to try to stop them from doing traditional road maintenance activities on RS 2477 roads over BLM-managed land. It was widely recognized that these suits were filed by the government […] →Read more

RESPONSES TO QUESTIONS POSED TO BARBARA HJELLE, SPECIAL COUNSEL FOR ENVIRONMENTAL ISSUES FOR WASHINGTON AND GARFIELD COUNTIES, UTAH, BY SEN. FRANK MURKOWSKI

NOTE: Ms. Barbara Hjelle is one of the nation’s foremost legal experts on the RS 2477 issue. She serves as the lead attorney on the Burr Trail Road case, the major recent precedent-setting legal challenge to public access, and has been a consultant to numerous policymakers at all levels of government. These questions were posed […] →Read more