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BLUERIBBON COALITION
APPLAUDS KEY ROADS LEGISLATION
 The
BlueRibbon Coalition (BRC) applauds the
introduction of legislation which would further
codify the public's title to roads across public
lands in the West. New Mexico Congressman Steve
Pearce introduced legislation designed to begin
the dialogue in Congress and perhaps remove the
cloud over title to roads historically protected
under Revised Statute 2477. Congressman Pearce
cautions recreationists to keep in mind that the
legislation may not be the conclusive end this
controversy. His objective in introducing his
legislation is to find the comprehensive
solution that will result, eventually, in a
victory for all who value access to public
lands.
Brian Hawthorne, BRC's Public Lands Director
said; "In many areas, RS 2477 routes play a
significant role in recreational access. The
introduction of this legislation begins a long
overdue dialogue in Congress on how best to deal
with the controversy over public access rights."
"R.S. 2477" refers to a now-repealed portion
of the 1866 Mining Act, which states "the right
of way for the construction of highways over
public lands, not reserved for public uses, is
hereby granted." While this grant of highway
construction authority was repealed in 1976,
rights-of-way previously created under the
statute can effectively remain "grandfathered"
by Congress and are used by the public today. RS
2477 claims have engendered great passion and
confusion throughout the West, where state and
local governments, federal land managers, public
access proponents, wilderness advocates and
private property owners have regularly taken
shifting and conflicting positions on RS 2477
assertions.
Throughout the West, anti-access groups have
challenged State and County jurisdiction over
these roads. In September of 2005, a three-judge
panel of the Federal 10th Circuit Court of
Appeals found that state law properly guides
interpretation of the existence and scope of any
RS 2477 roads. These anti-access attorneys are
not likely to concede the fight and have
publicly used the term "trench warfare" in
describing the battle over title to these roads.
Some in Congress realize that the anti-access
groups' brand of "trench warfare" gives the
advantage to well funded green groups and
disadvantages rural communities and the American
people. It is hoped that Pearce's legislation
will build on the 10th Circuit Court's findings
and will clarify, if not reduce, the role of the
courts.
About BlurRibbon Coalition
The BlueRibbon Coalition is a national
recreation group that champions responsible use
of public and private lands, and encourages
individual environmental stewardship. It
represents over 10,000 individual members and
1,200 organization and business members, for a
combined total of over 600,000 recreationists
nationwide.
1-800-258-3742 -
www.sharetrails.org.
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