Revised Statute 2477

“The Right-Of-Way for the construction of highways over public lands, not reserved for public use, is hereby granted.”

What is Revised Statue 2477?

It’s Your Fundamental Right-To-Way Across The Earth.

“The Right-Of-Way”

The Revised Statute 2477 Right Of Way is a human right granted by the U.S. Congress in 1865. It recognizes the fundamental right to travel across the Earth over unclaimed land. Part of the Mining Act of 1865, it allowed the construction of roads, trails, bridges, canals, railroads, and other recognizable paths known as “Highways.”

“For The Construction of Highways”

Construction of an RS 2477 highway was established by repeatedly using the same path over the earth until a visible way was created. The courts have ruled that animal trails, foot paths, bridleways, and other recognizable paths fall under the term “highway” and are RS 2477 rights-of-way.

“Over Public Land, Not Reserved For Public Use,”

An RS2477 right-of-way must have been constructed on public lands that were not claimed under the various homestead and mining laws. Construction on an RS 2477 right-of-way must have began before the land was withdrawal from public entry.

“Is Hereby Granted.”

RS 2477 was a grant that was authorized upon the passage of The Mining Act of 1865. It did not require authorization, documentation, or recognition of any kind.

How is Revised Statute 2477 a human right?

Rights are reserved in the inherent nature of a Right-Of-Way.

The Blacks Law Dictionary defines a Right-Of-Way as the following:

“The right of passage or of way is a servitude imposed by law or by convention, and by virtue of which one has a right to pass on foot, or horseback, or in a vehicle, to drive beasts of burden or carts, through the estate of another.”

Senator William Morris Stewart Author of the 15th Amendment to the US Constitution.

RS 2477 Right-of-way History

The first right-of-way laws were enacted by the Continental Congress in 1777 regarding railroads and navigable rivers in response to King George III declaration of Proclamation Line. In 1785, the Land Ordinance was enacted and established the Public Land Survey System, and a mechanism to dispose of newly acquired western lands. It wasn’t until the Reconstruction Era that RS 2477 became law.

In response to state laws that prohibited land use rights to newly freed slaves, multiple mining and homestead laws were enacted to encouraging western expansion from poor Colonists and newly freed slaves. Among those laws was the Mining Act of 1865 from Senator William Morris Stewart from Nevada.

Senator Stewart was a mining legend, and a fearless man who served as governor of California before serving 29 years in the US Congress representing Nevada. He spent his entire adult life as a lawyer litigating mining disputes and developed the first mining laws during his governorship of California. He was a fundamental contributor to the Reconstruction Era as the author of the 15th Amendment to the US Constitution.

Download Senator Stewart’s Book

Does RS 2477 Still Apply?

Yes, the Federal Land Policy Management Act recognizes RS 2477 Rights-of-way.

FLPMA repealed the original RS 2477 statute. However, three separate sections of FLPMA declare that Revised Statute 2477 rights-of-way shall not be terminated, and all actions by the secretary shall be subject to these rights.

The Federal Land Policy Management Act of 1976 (FLPMA) states:

“Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this act.”

FLPMA 701(a), 43 U.S.C. 1701 note (a).

“All actions by the Secretary concerned under this Act shall be subject to valid existing rights.”

FLPMA 701(h), 43 U.S.C. 1701 note (h).

“Nothing in this title shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted.”

FLPMA 509(a), 43 U.S.C. 1769(a).

RS 2477 Timeline

Mining Act of 1865

1865 – The Mining Act of 1865 is written and introduced by Senator William M. Stewart from Nevada.

Senate Bill 16 – Proposed Amendment to the Mining Act of 1865

1870 – An amendment is proposed to grant special rights for the Sutro Tunnel in Nevada.

Senate Bill 16 – Statements of Fact from Senator Stewart

1870 – The founder of The Mining Act of 1865 opposes the proposed amendment and provides valuable insight into the legislative intent of RS 2477.

Federal Land Policy Management Act (FLPMA)

1976 – The Federal Land Policy Management Act, otherwise known as the BLM Organic Act, established the Bureau of Land Management multiple use mandate and repealed the Mining Act of 1865.

RS 2477 Settlement Act

1995 – The RS 2477 Settlement Act was introduced to settle disputes between the states and the Federal Government concerning RS 2477 roads, but failed to become law.

Omnibus Consolidated Appropriations Act of 1997

1992-1997 – The US Congress include prohibitions in the annual Appropriations Act to prohibit federal agencies from establishing any rule or regulation pertaining to the validity, recognition or management of RS 2477 rights-of-way without the express authorization of the US Congress.

Comptroller General Decision B-277719

1997 – The Comptroller General issued an opinion that made section 108 of the Omnibus Consolidated Appropriations Act permanent law.

Government Accounting Office Opinion B-300912

2003 – The Government Accounting Office issued a second opinion re-enforcing Decision B-277719 concerning a memorandum of understanding between the State of Utah and the Bureau of Land Management.

The Basics

It is essential to become familiar with Revised Statute 2477.

  • BLM DIRECTOR’S 1990 MEMO EXPANDING ON INTERIOR SECRETARY HODEL’S 1988 POLICY STATEMENT ON RS 2477 MANAGEMENT

    This memo expands on the 1988 Policy Statement of Interior Secretary Donald Hodel on RS 2477 rights-of-way. It gives the State Directors (SD’s) of the BLM more specific examples and interpretations of that policy statement. Like the Hodel memo, it is of value both because it reflects the long-standing position of the BLM in dealing with these rights of way and also illustrates what a radical departure from that policy Interior attempted in issuing its draft regulations in 1994.

  • Basic Truths About RS 2477 Rights-of-Way

    Determine If You Are Being Mislead Or Lied To! The attention given to RS 2477 rights-of-way has been accompanied by misinformation spread by anti-access environmental groups and federal bureaucrats. Sometimes this is because they do not understand the issue themselves. Often, however, it is a clear and deliberate effort to deceive. The following are the […]

  • SETTLED PRECEDENT ON R.S. 2477 | QUOTES FROM COURT DECISIONS AND LEGISLATIVE HISTORY

    Revised Statutes 2477 (R.S. 2477) states, in its entirety: “Sec. 8. And be it further enacted, That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” 8 of the Act of July 26, 1866, 14 Stat. 253, later codified at 43 U.S.C. 932. This […]

  • TEXT OF INTERIOR SECRETARY DONALD HODEL’ S 1988 MEMO ON RS 2477

    This is the text of the memorandum approved by Interior Secretary Donald Hodel in 1988. It is significant for two reasons. First, it summarizes the status of RS 2477 interactions with the public lands states and counties and reflects both past administrative actions and many court decisions. Second, as such, it illustrates how extreme the draft regulations issued by the Department of Interior just six years later really were and just how far they departed from previous policy and precedents.

  • COMMON RS 2477 MYTHS REFUTED

    Opponents of public access to the public lands–primarily environmental activists but also some federal bureaucrats who find RS 2477 rights-of-way “inconvenient”–are actively spreading myths and misinformation about RS 2477. Some of the most common are reproduced here along with the truth.

  • AN RS 2477 PRIMER: A BRIEF ANALYSIS OF A ONE-SENTENCE LAW

    RS 2477 (which is an abbreviation of “Revised Statutes 2477”) was passed in 1866 and is a very short law, only one sentence long. It states, in its entirety, that “the right-of-way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” Defining some of the terms and phrases […]

  • A BRIEF EXPLANATION OF RS 2477

    RS 2477 is a statute adopted in 1866 to facilitate the settlement of the West by encouraging the development of a system of roads and trails. The name “RS 2477” is an abbreviation of “Revised Statute 2477.” That name, in turn, comes from the placement of the original law in a reorganized version of the […]

  • TEN ESSENTIAL POINTS CONCERNING R.S. 2477 RIGHTS-OF-WAY

    I. UNDER R.S. 2477 CONGRESS OFFERED A SELF-EXECUTING GRANT OF RIGHTS-OF-WAY. 3 II. PERFECTED R.S. 2477 RIGHTS#2 VESTED AS PROPERTY RIGHTS. 5 III. STATE LAW PROVIDES THE BASIS FOR DETERMINATION OF THE EXISTENCE AND SCOPE OF R.S. 2477 RIGHTS-OF-WAY. 6 IV. ALL VALID EXISTING R.S. 2477 RIGHTS-OF-WAY WERE PERFECTED NO LATER THAN THE REPEAL OF […]

Disclaimer of Interest

The Federal Land Policy Management Act allows the Secretary to issue a Recordable Disclaimer of Interest in Land that forfeits the federal governments interest in the right-of-way.

Burr Trail

USA VS Garfield County, otherwise known as the Burr Trail, set the current precedent for RS 2477. This section covers the key documents of the case.