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The Most Comprehensive Motorized Access Advocacy Resource For Arizona.
This National Management Strategy was developed by the Bureau of Land Management in 2001 to help deal with Off-Highway Vehicle issues on federal land. It is used as a reference guide in the BLM Policy Manual 1626 for travel management planning.
This strategy is somewhat RS 2477 friendly, suggesting the following on page 9 of this PDF file.
“The BLM completes ORV designations as part of its land-use planning process. In developing land-use plans the BLM takes the following actions relating to ORV use on public lands. . . Applies legal requirements of laws such as FLPMA, National Environmental Policy Act of 1969 (NEPA), R.S. 2477 rights-of-way, valid existing rights, the Alaska National Interest Lands Conservation Act, the Threatened and Endangered Species Act, and the Wilderness Act.”
We know that the Bureau does not follow this process or we wouldn’t need to defend the right to way. It is, however, one small citation that may be referred to during advocacy work.
1865 – The Mining Act of 1865 is written and introduced by Senator William M. Stewart from Nevada.
1870 – An amendment is proposed to grant special rights for the Sutro Tunnel in Nevada.
1870 – The founder of The Mining Act of 1865 opposes the proposed amendment and provides valuable insight into the legislative intent of RS 2477.
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Act, otherwise known as the BLM Organic Act, established the Bureau of Land Management multiple use mandate and repealed the Mining Act of 1865.
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.
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.
1997 – The Comptroller General issued an opinion that made section 108 of the Omnibus Consolidated Appropriations Act permanent law.
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.