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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 288 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
S. RES. 288

    To request that the Secretary of the Interior withdraw proposed 
regulations concerning rights-of-way granted under section 2477 of the 
               Revised Statutes, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 1 (legislative day, September 12), 1994

 Mr. Hatch (for himself, Mr. Stevens, Mr. Burns, Mr. Bennett, and Mr. 
 Murkowski) submitted the following resolution; which was referred to 
             the Committee on Energy and Natural Resources

_______________________________________________________________________

                               RESOLUTION

 
    To request that the Secretary of the Interior withdraw proposed 
regulations concerning rights-of-way granted under section 2477 of the 
               Revised Statutes, and for other purposes.

Whereas in 1866 Congress established, through section 2477 of the Revised 
        Statutes, a procedure for granting rights-of-way across unreserved 
        public lands to local governments to ensure reasonable access by the 
        public to and across public lands and resources;
Whereas thousands of valid rights-of-way were conveyed to State and local 
        governments through this mechanism until the statute was repealed by 
        section 706 of the Federal Land Policy and Management Act of 1976 
        (Public Law 94-579);
Whereas section 701 of the Federal Land Policy and Management Act of 1976 
        (Public Law 94-579; 43 U.S.C. 1701 note) recognized and protected all 
        valid existing rights-of-way granted under section 2477 of the Revised 
        Statutes (43 U.S.C. 932 note);
Whereas those rights-of-way are valid property rights held in trust for the 
        public by State and local governments;
Whereas those rights-of-way continue to be critical to ensuring access to and 
        across public lands;
Whereas the Secretary of the Interior proposed a rule on August 1, 1994 (59 Fed. 
        Reg. 39216), to address rights-of-way across lands now administered by 
        the Bureau of Land Management, the National Park Service, and the United 
        States Fish and Wildlife Service;
Whereas there is an established body of case law, legislative history, 
        historical precedents, and departmental decisions that does not appear 
        to be reflected in the proposed rule of the Department of the Interior 
        affecting those rights-of-way;
Whereas the proposed rule would substantially conflict with existing law and 
        congressional intent regarding the scope and future administration of 
        those rights-of-way and impose an excessive burden on State and local 
        governments to legitimize all right-of-way claims, including those 
        already validated by an appropriate Federal agency or a court;
Whereas the established public comment process outlined in the proposed rule, 
        including the subsequent extension periods, is inadequate to address the 
        many fundamental problems raised by the rule; and
Whereas the proposed rule seeks to exceed the authority granted to the 
        Department of the Interior under the Constitution, through political and 
        legal precedent, and by Executive order: Now, therefore, be it
    Resolved, That the Senate requests that the Secretary of the 
Interior--
            (1) immediately withdraw the proposed rule regarding 
        rights-of-way granted under section 2477 of the Revised 
        Statutes (43 U.S.C. 932 note) published in the Federal Register 
        of August 1, 1994; and
            (2) reissue the proposed rule for public review and 
        comment, only after--
                    (A) consulting with the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Natural Resources of the House of Representatives; and
                    (B) revising the proposed rule to adequately 
                reflect and comply with all pertinent laws, Executive 
                orders, rules, and historical and legal precedent.
                                 <all>
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