[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18623]


[[Page Unknown]]

[Federal Register: August 1, 1994]


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DEPARTMENT OF THE INTERIOR
Bureau of Land Management

43 CFR Part 2820

[WO-260-4210-02-24 1A]
RIN 1004-AB00
National Park Service

36 CFR Part 14

RIN 1024-AC01
Fish and Wildlife Service

50 CFR Part 29

RIN 1018-AC45

 

Revised Statute 2477 Rights-of-Way

AGENCIES: Bureau of Land Management, National Park Service, Fish and 
Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: This document announces that the Bureau of Land Management, 
the National Park Service, and the U.S. Fish and Wildlife Service--all 
agencies of the Department of the Interior (Department)--are currently 
considering whether to develop regulations or other administrative 
procedures to manage rights-of-way validly acquired pursuant to R.S. 
2477, and if so, what kind of regulations to develop. If promulgated, 
such management regulations would apply solely to R.S. 2477 rights-of-
way, and lands encumbered by such rights-of-way, across the respective 
jurisdictions of these three agencies, when those rights-of-way are 
determined to have been validly acquired in accordance with 
Departmental regulations (a proposal for these regulations is published 
separately today).

DATES: Comments must be submitted in writing by September 30, 1994.

ADDRESSES: Comments on this notice should be sent to: U.S. Department 
of the Interior, Main Interior Building, 1849 C Street, N.W., Room 
5555, Washington, D.C. 20240. All comments received will be available 
for public review in Room 5555 at the above address between the hours 
of 7:45 a.m. and 4:15 p.m., Monday through Friday. Correspondents 
should specify whether their comments are directed generally or to the 
specific management programs of the National Park Service, U.S. Fish 
and Wildlife Service, or Bureau of Land Management.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management: Ron 
Montagna, (202) 452-782, or Ted D. Stephenson, (801) 539-4100. National 
Park Service: Russel J. Wilson, (202) 208-7675. U.S. Fish and Wildlife 
Service: Duncan Brown, (703) 358-1744.

SUPPLEMENTARY INFORMATION: R.S. 2477, enacted in 1866 and repealed in 
1976, granted rights-of-way for the construction of highways across 
unreserved public lands. Rights-of-way in existence on the date of 
repeal were not terminated. A proposed rule, published separately 
today, would provide clarification of this provision and a system for 
processing claims for validation of rights-of-way across Federal lands 
pursuant to R.S. 2477. The courts have explicitly recognized the 
authority of the Department to regulate such rights-of-way.
    This notice announces that the Department's land managing 
agencies--the Bureau of Land Management, the National Park Service, and 
the U.S. Fish and Wildlife Service--are considering whether to manage 
R.S. 2477 rights-of-way under existing legal authorities, to promulgate 
additional regulations (and if so what form of regulations), or to 
develop other administrative procedures to govern R.S. 2477 rights-of-
way after they have been determined to have been validly acquired under 
Departmental regulations.
    The Department solicits comments on how it should regulate validly 
acquired R.S. 2477 rights-of-way. Each agency has existing regulations 
dealing generally with rights-of-way (for the Bureau of Land 
Management, see 43 CFR part 2800; for the National Park Service, see 36 
CFR part 14; for the U.S. Fish and Wildlife Service, see 50 CFR part 
29). One option would be to administer R.S. 2477 rights-of-way under 
existing agency right-of-way regulations. This option might be workable 
for agencies and holders and would avoid creating a separate system for 
one narrow class of rights-of-way. The Department solicits comments 
specifically on whether existing right-of-way regulations would 
adequately protect public resources while providing a workable 
framework for holders of R.S. 2477 rights-of-way.
    If commenters do not believe that existing right-of-way regulations 
could meet these goals if applied specifically to R.S. 2477 rights-of-
way, the Department solicits specific comments on which provisions do 
and which provisions do not, as well as suggestions for alternative 
provisions, as they relate to R.S. 2477 rights-of-way.
    The Department solicits comments specifically addressing whether 
there are valid reasons to establish separate regulations for R.S. 2477 
rights-of-way. If so, the Department requests comments both on the 
reasons for separate regulations and suggestions for their content.
    Separate management regulations for each agency (the Bureau of Land 
Management, National Park Service, and U.S. Fish and Wildlife Service) 
may be necessary because each has different statutory mandates. The 
Department requests comments on the appropriateness and feasibility of 
applying different management standards to R.S. 2477 rights-of-way, 
depending on which agency has jurisdiction for the Federal land crossed 
by a right-of-way.
    Another option under consideration is the use of cooperative 
agreements between holders of R.S. 2477 rights-of-way and Federal land 
managers that would govern maintenance and operation of such rights-of-
way. The Department solicits comments on whether and under what 
circumstances such agreements might be an appropriate means of managing 
these rights-of-way, as well as comments on what kind of terms and 
conditions should be included in such agreements, if utilized.
    Finally, the Department requests comments specifically on whether 
management standards, if developed, should be promulgated as 
regulations or developed by some other internal administrative means, 
such as an agency manual or instruction memorandum.

    Dated: July 18, 1994.
George T. Frampton, Jr.,
Assistant Secretary of the Interior.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 94-18623 Filed 7-29-94; 8:45 am]
BILLING CODE 4310-84-P, 4310-55-P, 4310-70-P