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Old 02-06-2004, 09:04 PM   #1 (permalink)
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Governor Submits First RS 2477 Application

http://www.ut.blm.gov/E-Briefs/RS2477.htm

Governor Submits First RS 2477 Application

R.S, 2477 information http://www.ut.blm.gov/rs2477/

The State of Utah has submitted its’ first application for consideration of a recordable disclaimer of interest of an RS2477 right-of-way. The application is for the Weiss Highway, a principle east/west road across JuabCounty. Governor Olene Walker personally delivered the application to State Director Sally Wisely during a brief ceremony held in Utah State Office on January 14. “RS 2477 needs resolution. The uncertainty over this issue casts a continuous cloud on Federal agencies ability to manage federal lands. Today, we begin a process I hope will begin to part the clouds a bit and lead us to the eventual resolution of this contentious issue,” said Wisely.

“We’re pleased to receive the State’s application of this particular road. At its face, it appears to be consistent with the spirit and intent of the MOU.”

The memorandum of understanding (MOU) struck between then Governor Leavitt and Secretary of Interior Gail Norton last April is the genesis for the process to be used to consider the Weiss Highway and the many other RS 2477 claims expected from the State of Utah. This MOU addresses roles, responsibilities and process, and in doing so offers a new approach for considering the acknowledgement of those legitimate roads which meet the statutory definition of RS 2477 under almost any interpretation of the statue.

Now that the first application has been filed, BLM will begin the detailed work outlined in the MOU and the disclaimer regulations. The basic task for BLM, is to determine if the federal government should disclaim interest in the Weiss Highway and acknowledge that an RS 2477 right-of way was established prior to 1976. The mechanism used to acknowledge and recognize these rights of way is the Recordable Disclaimer of Interest, an administrative tool used to correct or clarify the federal interest in properties which have clouded title for one reason or another. The authority for the disclaimer regulations is rooted in the Federal Land Management and Policy Act, the legislative foundation for management of public lands by BLM.

In considering an application, BLM will review the past history of the road. Qualifying roads must also conform to a number of key “touchstones” outlined in the MOU.

- Only roads established prior to FLPMA (October 1976), on unreserved public lands will be considered.

- Qualifying roads are important components of rural transportation that have been subject to some type of periodic maintenance, and can accommodate automobiles or trucks with four wheels.

- Claims will not be considered in certain specific areas such as National Parks, wildlife refuges, designated wilderness and BLM wilderness study areas (WSAs). Roads that are administered by federal agencies other than the Department of Interior will not be considered, unless that agency consents to inclusion of the road in the Acknowledgement Process.

Should BLM ultimately decide to acknowledge that a previous ROW exists, we will recognize the ROW— “as is, where is”-- and issue a recordable disclaimer. Any subsequent request to improve the road in any way which substantially alters the character and is outside the scope of ordinary maintenance will likely require further authorization.

Public notification and input is an integral part of the process. Once claims are filed, a Federal Register notice and concurrent notices in local newspapers must be published. The Federal Register publication initiates a formal comment, analysis, and decision phase that will last for a minimum of 90 days. Comments can be made directly to BLM via mail (Chief, Branch of Lands and Realty, BLM Utah State Office, PO Box 45155, Salt Lake City, Utah 84145-0155) or through our website.

To learn more about this issue or view the Weiss Highway application, visit www.ut.blm.gov/rs2477/weisshighway.htm.
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Old 02-06-2004, 09:33 PM   #2 (permalink)
vb
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as i understand this. the blm is reveiwing this because of the mou. in any other state it still takes a court to make this call.
am i correct????
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i am fighting a battle for a public road. will you help me
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