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The Most Comprehensive Motorized Access Advocacy Resource For Arizona.
The National Management Strategy, developed by the Bureau of Land Management (BLM) in 2001, was designed to address Off-Highway Vehicle (OHV) issues on federal lands. This strategy serves as a reference guide in the BLM Policy Manual 1626 for travel management planning, and it plays a vital role in land management practices regarding motorized access.
One of the key components of this strategy is its alignment with RS 2477, which addresses the rights-of-way for public roads. On page 9 of the BLM’s travel management strategy PDF, it suggests that the BLM considers R.S. 2477 rights-of-way, as well as other legal frameworks, when determining travel management on public lands. Specifically, the strategy states:
“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.”
While this strategy does acknowledge RS 2477 rights-of-way, it’s important to note that there are concerns about whether the Bureau consistently follows this process. If the BLM fully adhered to these guidelines, there would be less need to advocate for these rights-of-way. Despite the gaps in enforcement, this citation from the BLM’s National Management Strategy remains a valuable reference during advocacy work aimed at protecting off-highway vehicle access and defending public rights-of-way.
For those involved in advocating for motorized access to public lands, understanding these policies, including how RS 2477 rights-of-way are considered, is crucial. This strategy outlines some of the legal requirements and frameworks that could potentially protect access to federal lands for motorized recreation and off-highway vehicles.
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.