Attached is a document published by our U4WDA Vice President. He is active in Kane County and an advocate of R.S. 2477 issues.
Kane County Commission
Mark W. Habbeshaw, Daniel W. Hulet, Duke Cox
76 North Main
Kanab, Utah 84741
June, 18 2007
Re: Congressional threat to R.S. 2477 rights-of-way
The 10th Circuit Court of Appeals in SUWA v. BLM stated, ďThis case involves one of the more contentious land use issues in the West: the legal status of claims by local governments to rights of way for the construction of highways across federal lands managed by the Bureau of Land Management (BLM).Ē The latest manifestation of contention regarding R.S. 2477 rights-of-way is the current attempt by the Southern Utah Wilderness Society (SUWA) and The Wilderness Society (TWS) to push an Interior appropriations bill amendment that would forbid Department of the Interior agencies from spending any funding for administrative decisions recognizing R.S, 2477 rights-of-way. Representative Mark Udall, D-Colorado, will present the restrictive floor amendment in the House of Representatives this week.
If approved, the congressional action would moot important provisions of the 10th Circuitís decision in SUWA v. BLM and Interiorís current policy implementing the 10th Circuitís well reasoned, detailed, and comprehensive opinion in SUWA v. BLM. Udallís amendment would effectively re-establish the revoked Babbitt policy which improperly denied the existence of historic congressionally granted rights-of-way across federal lands. The Udall amendment would, in fact, negate recent court guidance and recently initiated agency processes that could potentially resolve many existing R.S. 2477 issues. The Udall amendment would also seriously compromise the ability of states and local governments to operate and manage road systems across the West, and even the publicís use of roads across the West.
Read the rest - in the attached document.