Revised Statute (RS) 2477, contained in the 1866 Mining Law, was intended to facilitate settlement of the West by granting rights-of-ways on public lands. Although RS 2477 was repealed in 1976, existing claims were grandfathered. Now, several states are claiming thousands of routes across every type of public land units, including National Parks and Wilderness. But their claims have nothing to do with building highways, and everything to do with opposing any measure of protection for our public lands. Sadly, the Bush Administration has just issued a new rule that would facilitate those claims -- and the destruction of our nation's greatest landscapes.
RS 2477: A Tool to Block Wilderness
Anti-wilderness counties and state governments in the rural West [and Alaska] say that the RS 2477 fight is about all about access. But in reality, these claims have absolutely nothing to do with legitimate transportation needs, and everything to do with thwarting Wilderness designation or any other protections for our nation's public lands.
>> More on RS 2477: History and Facts
Administration Determined to Sacrifice Natural Resources for RS 2477
Rational people are tempted to think that claims as ludicrous as these don't stand a chance. But much depends on the legal review these claims receive, and the politics of the moment. We have reason to be worried about both.
The U.S. Department of Interior, which oversees much of America's public lands, is showing remarkable eagerness to give states whatever they want, and to surrender management authority over large chunks of roadless and protected public lands. For instance, Interior is quite keen on making quick settlements with states that are making RS 2477 claims. The department also is enacting new agency rules that would forever allow any RS 2477 claim -- legitimate or not -- to be recognized, without any amount of scrutiny from the public or courts.
Some Examples
- Disclaimer Rule: The BLM recently published a new "Disclaimer Rule" directing the agency to review new RS 2477 claims, above and beyond the claims that were grandfathered when RS 2477 was repealed in 1976. Even the National Park Service has said that the new rule could devastate National Parks and Wilderness throughout western U.S. and Alaska.
>> More on the Disclaimer Rule
- Secret Utah Negotiations: Even though the state of Utah has never sued the U.S. government over RS 2477 claims, Interior Sec. Gale Norton directed her staff to work out a deal with state officials on Utah's RS 2477 claims, in back-room negotiations excluding the public and conservationists.
>> More on the secret Utah negotiations
- What is a legitimate claim? In addition to the Disclaimer Rule, the Administration is expected to propose new guidelines on what is a legitimate RS 2477 claim. We expect those guidelines to be far from what is an accepted highway -- built and meant to carry goods and people to an actual destination -- unlike most of the current RS 2477 claims.
Areas at Risk
All western public lands are at risk from RS 2477 and the Administration's new Disclaimer Rule. From Alaska's Denali National Park and Preserve to the Robledo Mountain Wilderness Study Area in New Mexico, much is threatened.
>> More
