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2001 | Coalition of AZ/NM Counties Comments on Roadless Rule
USDA Forest Service, CAET Attention: Roadless Areas Proposed Rule P.O. Box 221090 Salt Lake City, UT 84122 roadlessdeis@fs.fed.us RE: Comment on Proposed Rule and DEIS on Proposed Rule for Roadless Area Conservation Dear Sirs and Madams, These comments are being submitted by the Arizona Counties, Apache, Cochise, Gila, Graham, Greenlee and Navajo and the New […]
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Federal Regulations | 42 CFR Subpart 1864 – Recordable Disclaimers of Interest in Land
The Recordable Disclaimer of Interest in Land provides a process for the federal government to forfeit all rights to a RS 2477 right of way and other lands. States and Counties can use this process to solve RS 2477 disputes but is not the most efficient remedy.
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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 […]
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MEMORANDUM OF UNDERSTANDING Between The State of Utah and The Department of the Interior
The Department of Interior entered into a Memorandum of Understanding with the state of Utah concerning assertations to RS 2477 rights-of-way. The Government Accounting Office later determined this memorandum was in violation of their previous decision B-277719 which prohibits any agency of the federal government from issuing any rule or regulation pertaining to the recognition, validity, or management of RS 2477 rights-of-way.
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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 […]
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“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 […]
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Key Legal Documents From USA v. Garfield County (Utah), The Boulder-to-Bullfrog Road (Burr Trail Road) Litigation
Originally written and published by Garfield County in Utah. Edited and republished by Kevin Allard with Arizona Backcountry Explorers. 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 […]
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“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 […]
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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 […]