[Congressional Record Volume 141, Number 118 (Thursday, July 20, 1995)]
[Extensions of Remarks]
[Page E1479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  INTRODUCTORY STATEMENT ON R.S. 2477

                                 ______


                          HON. JAMES V. HANSEN

                                of utah

                    in the house of representatives

                         Thursday, July 20, 1995
  Mr. HANSEN. Mr. Speaker, I am introducing legislation that would once 
and for all resolve the issue known as RS 2477 right-of-ways across 
Federal lands. RS 2477 right-of-ways provide the rural West access 
across the expanses of Federal lands in the West. For 110 years, 
counties, cities, States, and individuals were allowed to establish 
necessary right-of-ways across Federal lands to provide travel routes 
between towns, to schools and to homes. In 1976, Congress terminated 
this ability to establish new right-of-ways but failed to provide the 
mechanism to adjudicate the established routes. My legislation is a 
reasonable and efficient way to resolve the thousands of RS 2477 right-
of-way claims that exist in the West.
  In 1866, Congress promoted the settlement and use of western lands be 
enacting R.S. 2477, a self-executing, open-ended grant of right-of-ways 
across public lands. The grant acted as an offer. Where the public 
accepted the offer, property rights became vested in the holder. The 
rights were severed from the public domain and are entitled to the same 
protection as any other property that is not owned by the Federal 
Government.
  RS 2477 simply states:

       And be it further enacted, That the right of way for the 
     construction of highways over public lands, not reserved for 
     public uses, is hereby granted.

  While the language of the grant and the legislative history 
accompanying the grant may be sparse, the purpose of the grant is not 
in doubt. As Senator Steward stated, ``The mineral lands must remain 
open and free to exploration and development. * * * It would be a 
national calamity to adopt any system that would close that region to 
the prospector.'' The grant was a crucial element of Congress' scheme 
to settle the public lands of the West. Access rights were needed 
across the vast Federal domain to accommodate Congress' goals of 
economic progress in the West. RS 2477 helped achieve those goals.
  In short, the West grew up around these right-of-ways. They made it 
possible for one settlement to communicate and trade with another. They 
made it possible for citizens to legally traverse the broad expanse of 
public lands in order to interact with the rest of the forming Nation. 
It is no wonder, then, that courts have commented that revocation of RS 
2477 rights would make Congress' original act ``a delusion and a cruel 
and empty vision.''
  Secretary Babbitt currently has pending regulations that would lead 
to the closure of thousands of right-of-ways across the West that would 
cripple our ability to travel, engage in commerce, or access our 
property. My legislation will resolve these issues in a fair and 
equitable fashion. I urge my colleagues to support this measure.


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