PLNR-95-1-R.S. Rights-of-Way Regulations

WHEREAS regulations to re-interpret and redefine roads under RS-2477 have been proposed by the Secretary of the Interior; and

WHEREAS the proposed regulations have generated a great deal of controversy throughout the West and in Congress, because they would administratively repeal a grandfather clause enacted by Congress and because they would remove local government control over historic road designations, and their implementation has been delayed several times as a result; and

WHEREAS the issue of rights-of-way across public lands is complex in Western Colorado, where there were numerous roads built under that old congressional authorization, and there is also strong public support for proper management of public lands, including limits on travel; and

WHEREAS CLUB 20 has maintained that the only means for balancing these difficult positions is for strong local input, especially from local governments, so that the people in each area can help determine the best use for public lands in that area; and

WHEREAS the current rules governing interpretation of RS-2477 provide that level of local control, as the courts have required for over 100 years, but the new regulations would take that authority away from state and county governments; and

WHEREAS Congressional committees have begun hearings on this issue, with several prominent Members insisting that only Congress can repeal an Act of Congress, and legislation may be drafted to prohibit implementation of the proposed new rules,

NOW THEREFORE BE IT RESOLVED that CLUB 20 continues to oppose the proposed regulations, and supports Congressional action to protect the rights of states and counties to determine which roads in their jurisdiction are public.

 Adopted 3/3/1995

Renewed 3/22/13

 (Formerly 95-3 PL 1)