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R.S. 2477 Memorandum of Understanding

NEWS RELEASE
April 9, 2003
Contact: Natalie Gochnour, (801) 538-1503
Bridget Fare, (801) 538-1509

National Parks and Wilderness Areas Protected in County Road Agreement
Department of Interior and State Agree to Process for Public Involvement

Vowing to protect Utah's most important scenic, natural areas while securing the state's transportation infrastructure, Governor Mike Leavitt today joined Secretary of Interior Gale Norton to announce a process to resolve many of the R.S. 2477 road claims in Utah. These claims have been disputed for nearly 30 years, costing the taxpayers millions of dollars and creating uncertainty for local officials and federal land managers. The agreement, which was formalized in a memorandum of understanding signed today, includes no roads in national parks, wilderness areas, wilderness study areas or fish and wildlife refuges.

"This is a defining moment for rural Utah," said Leavitt, who has spent nearly 10 years working to solve this problem. "This settlement secures the state's transportation system, honors the property rights of local governments and preserves Utah's most important scenic landscapes."

At issue is the legal title to thousands of roads crossing federal land prior to 1976. These roads, commonly referred to by the federal law that granted the rights-of-way (R.S. 2477), were never fully documented. The result is endless confusion, litigation and divisiveness among those who use, maintain and plan for these lands. Millions of dollars in legal bills have already been paid, and millions more could be spent without a negotiated alternative.

The Memorandum of Understanding creates an administrative process and framework to openly identify roads to be disclaimed by the Bureau of Land Management. The individual counties of Utah, along with the state, will choose which roads to submit to the BLM. The public will then have a right to review and comment on all applications for a federal disclaimer on the rights to the roads. The process does not eliminate valid existing rights. Rather, it empowers resolution outside of court for roads that meet the agreed criteria.

The agreement consists of seven touchstones that serve as filter for consideration. To be considered under the process, roads must meet these criteria:

• Have existed prior to 1976.
• Be able to be traveled by cars and trucks.
• Not be in a national park.
• Not be in a wilderness area.
• Not be in a wilderness study area.
• Not be in a fish and wildlife refuge.
• Not be expanded (a concept described as "where is, as is).

"The MOU defines a path for resolving the vast majority of disputed claims," said Leavitt. "This is a common sense, common ground solution that will preserve our natural areas, but give counties the economic certainty they need."