[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 25 Introduced in House (IH)]







104th CONGRESS
  1st Session
H. RES. 25

    Requesting that the Secretary of the Interior withdraw proposed 
regulations concerning rights-of-way granted under section 2477 of the 
                           Revised Statutes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

Mr. Orton (for himself, Mr. Hansen, and Mr. Young of Alaska) submitted 
   the following resolution; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                               RESOLUTION


 
    Requesting that the Secretary of the Interior withdraw proposed 
regulations concerning rights-of-way granted under section 2477 of the 
                           Revised Statutes.

Whereas in 1866 the Congress established, through section 2477 of the Revised 
        Statutes, a procedure for granting rights-of-way across unreserved 
        public lands to local governments to ensure reasonable access by the 
        public to and across public lands and resources;
Whereas thousands of such valid rights-of-way were conveyed to State and local 
        governments through this mechanism until the statute was repealed by 
        section 706 of the Federal Land Policy and Management Act of 1976 (90 
        Stat. 2793);
Whereas section 701 of the Federal Land Policy and Management Act of 1976 (90 
        Stat. 2786; 43 U.S.C. 1701 note) specifically recognized and protected 
        all valid existing rights-of-way granted under section 2477 of the 
        Revised Statutes;
Whereas these rights-of-way are valid property rights held in trust for the 
        public by State and local governments;
Whereas these rights-of-way continue to be critical to ensuring access to and 
        across public lands;
Whereas there is an established body of case law, legislative history, 
        historical precedents, and departmental decisions that does not appear 
        to be reflected in the proposed regulations of the Department of the 
        Interior affecting these rights-of-way;
Whereas the proposed regulations appear to substantially conflict with existing 
        law and congressional intent to such an extent that the established 
        public comment process is inadequate to address the many fundamental 
        problems raised by the proposed regulations; and
Whereas it appears that the proposed regulations seek to exceed the authority 
        granted to the Department of the Interior under the Constitution, 
        through political and legal precedent, and by Executive order: Now, 
        therefore, be it
    Resolved, That the House of Representatives requests that the 
Secretary of the Interior--
            (1) withdraw the proposed regulations regarding rights-of-
        way granted under section 2477 of the Revised Statutes; and
            (2) reissue the proposed regulations for public review and 
        comment only after the proposed regulations have been redrafted 
        to adequately reflect and comply with all pertinent laws, 
        Executive orders, rules, regulations, and historical and legal 
        precedents.
                                 <all>