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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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COMMENTS SUBMITTED BY PACIFIC LEGAL FOUNDATION ON INTERIOR’S DRAFT 2477 REGULATIONS
November, 1994 INTRODUCTION Access across federal lands which is free from unnecessary and burdensome bureaucratic regulation is vital to the economic and social well-being of the people of the western United States. This is especially the case in rural and undeveloped areas of the West which are dominated by land under federal jurisdiction. What was…
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UTAH ASSOCIATION OF COUNTIES COMMENTS ON PROPOSED RULES REVISED STATUTES 2477 RIGHTS-OF-WAY
Published at 59 Fed.Reg. 39216 et seq. (August 1, 1994) These comments are submitted on behalf of the Utah Association of Counties and each of the 29 counties in the State of Utah. These regulations would go beyond the challenge to the rights of state and local governments. They would also interfere with access rights to school…
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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…
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Significance Of The General Accounting Office Opinion On Legislative RS 2477 Regulation Prohibition Language
Prepared by The Western Counties’ Resources Policy Institute Background In August of 1994 the Interior Department issued draft regulations dealing with RS 2477 rights-of- way. These regulations were so out of line with established case law, constitutional protections and even the operative Interior Department regulations that they set off a firestorm of opposition and protest.…
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COMMENTS OF DAVID ENGDAHL, PROFESSOR, SEATTLE UNIVERSITY SCHOOL OF LAW, ON PROPOSED RS 2477 RIGHTS OF WAY DRAFT REGULATIONS
Proposed rule published at59 Fed. Reg. 39216 et seq. Addressed to: U. S. Department of the InteriorMain Interior BuildingRoom 55551849 C Street, N.W.Washington, D.C. 20240 Commentator: David E. EngdahlProfessorSeattle University School of Law950 Broadway PlazaTacoma, WA 98402-4470 Date Submitted: November 9, 1994 Others better situated to do so than I will have commented on various…
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STATE OF ALASKA COMMENTS ON PROPOSED RULES REVISED STATUTES 2477 RIGHTS-OF-WAY
Published at 59 Fed.Reg. 49216 et seq. (August 1, 1994) Summary of the State’s Position: The Department of Interior should not develop regulations or other administrative procedures to manage rights-of-way validly acquired pursuant to RS 2477. The Department has no authority to manage RS 2477 rights-of-way since the right-of-way easement is not federally owned. The…
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EXCERPT FROM AN ACTION ALERT ISSUED BY THE COALITION TO PROTECT PUBLIC ACCESS RIGHTS SEPTEMBER, 1993
BACKGROUND ON THE RS 2477 ISSUE In 1866 the federal government adopted a law granting transportation rights-of-way, which are recognized as property right, for roads and trails across the vast public lands of the western territories. These rights-of-way were automatically granted when a transportation route was established for public travel under state law. Congress enacted…
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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…
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DRAFT 2477 REGULATIONS: A BRIEF BACKGROUND AND AN INTRODUCTION TO SOME OF THE BEST COMMENTARIES ON THEM
Until recently, RS 2477 rights-of-way were not a particularly controversial area of public land management. Throughout most of the first century during which these rights-of-way were granted and managed, federal land managers and local governments generally had a very cooperative working relationship. That began to change in the early l980’s when several special interest groups…