[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Extensions of Remarks]
[Pages E1984-E1985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              THE R.S. 2477 RIGHTS-OF-WAY RECOGNITION ACT

                                 ______
                                 

                           HON. STEVAN PEARCE

                             of new mexico

                    in the house of representatives

                       Friday, September 29, 2006

  Mr. PEARCE. Mr. Speaker, I rise today to introduce ``The R.S. 2477 
Rights-of-Way Recognition Act.'' I am introducing this legislation to 
advance the dialogue on an issue very important to my constituents and 
many other stakeholders, particularly in the western United States.
  R.S. 2477 Rights-of-Way were originally granted by the 1866 Mining 
Law. However, in 1976 with the passage of the Federal Land Policy and 
Management Act or FLPMA, the R.S. 2477 statute was repealed while 
grandfathering in existing claims. Since the passage the FLPMA and its 
repeal of R.S. 2477, a long-standing dispute regarding these 
grandfathered claims has persisted with the validity of these rights-
of-way remaining in doubt.
  The purpose of my bill is to remove this cloud, once and for all, by 
declaring that State and local governments hold valid rights-of-way for 
all public roads that were documented on government maps and 
photographs at the time the FLPMA's grandfather clause was enacted.
  Everyone must clearly understand the scope of this legislation. It 
does not establish new claims or to provide a method by which any party 
may to build roads or improvements on claims not valid under FLPMA. 
Instead, this legislation intends to reaffirm the rights and 
responsibilities of State and local governments to the rights-of-way 
that Congress intended they retain when passing FLPMA.
  Thus, any attempt to construe this legislation as an endeavor to 
create a system of superhighways through public lands is just plain

[[Page E1985]]

wrong. This bill draws from the landmark decision by the United States 
Court of Appeals for the Tenth Circuit concerning the nature of an R.S. 
2477 right of way, the meaning of unreserved federal land for R.S. 2477 
purposes, and the principles governing the creation, nature, extent, 
use and maintenance of R.S. 2477 public roads.
  Supporters of this legislation should keep in mind that the bill I am 
introducing today is not the conclusive end this controversy. Today's 
introduction marks the start of a dialogue that I hope leads to a 
comprehensive solution and eventually a victory for all the 
stakeholders; a victory that protects our public lands, the rights of 
property owners, and the legitimate interests of Federal, State, and 
local governments.
  As we close the 109th Congress, let us each strive to work together 
to solve some of our most divisive public lands issues. Doing so 
requires engaging all parties through dialogue, creativity and 
persistence so that we may find common sense solutions that will meet 
the needs of the American public.

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