RS2477 SLCo Archive

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SOLUTIONS

What should be done?

The pursuit of a right-of-way through the use of R.S. 2477 will surely be fraught with confusion, disagreement, and the potential for litigation. The use of this method to ensure public access to these routes will be a long, drawn out, and contentious process. It is our recommendation that Salt Lake County abandon the pursuit of a right-of-way for these routes under R.S. 2477. In the case where a right-of-way already exists (e.g. Millcreek Canyon and Emigration Canyon), it would be redundant, not to mention a waste of time and money, to try and obtain another right-of-way. Where a route meets a reasonable transportation need, we are not opposed to the granting of a right-of-way for these roads. We would suggest however, that the County work in conjunction with the Forest Service, the BLM, or private land owners to obtain a right-of-way through more timely, less contentious processes.

Due to the varying nature of the claims, we have separated them into 4 different categories, and propose solutions to dealing with the claims under each division. The categories and proposed actions are as follows:

Category 1: Routes that provide access to homes on land leased from the U.S. Forest Service. These are routes that were constructed and are maintained through the funding of private individuals. While, in some cases, they predate the reservation of the Wasatch-Cache National Forest, they do not meet the other Forest Service criteria.

The claims: Mill D North Fork, Porter Fork, Alexander Fork, Little Mountain

Proposed action: These claims should be abandoned. They are not currently accessible to the public and therefore, serve no public transportation need.

Category 2: Routes that provide access to private homes or businesses on private land.

The claims: Killyon Canyon, Burr Fork, Lambs Canyon, Rose Canyon, Church Fork

Proposed action: Work with the U.S. Forest Service, the Bureau of Land Management and private land owners to obtain an easement for the road. Abandon the R.S. 2477 claim.

Category 3: Route constructed or maintained by the county for public use. The construction of the road predates any reservation of the land it crosses.

The claims: Emigration Canyon, Butterfield Canyon, Millcreek Canyon

Proposed action: Abandon the R.S. 2477 claim. Use the preexisting right-of-way for the road, or work through other means to obtain a right-of-way.

Category 4: Route that is not currently being used as a public road, was not constructed or maintained by the county, and meets no transportation need.

The Claims: Pole Canyon, Millcreek Canyon Extension, Yellow Fork Canyon

Proposed action: Abandon the R.S. 2477 claim, and stop the pursuit of a right-of-way for these routes. Development and use of the route as a road would have profound negative impacts on the natural qualities of the surrounding area.

BACKGROUND

Salt Lake County Highway Claims Assault Wasatch Range

Early in 2000 Governor Mike Leavitt announced that the state would sue the federal government to settle the thousands of road claims that have been made by Utah counties. In preparation for the lawsuit he asked each county to suggest which roads should be considered as candidates for Revised Statute (RS) 2477 claim status. As part of the Mining Act of 1866, RS 2477 allowed for the construction of a highway across public lands that had not been reserved for other uses. In 1976, this statute was repealed with the passing of the Federal Land Management and Planning Act. However, the rights-of-way for roads constructed prior to this date were grandfathered in.

At the request of Gov. Leavitt, the Salt Lake County Commission and County Mayor Nancy Workman approved a list of 15 roads to be included among those submitted by the other Utah Counties. Two years later, in 2002, 8 additional claims mysteriously appeared on the list of claims that had originally been approved by Workman and the County Commission. (While it has never been determined how these 8 claims came to be included in the list, it is interesting to note that, coincidentally, the County Surveyor had purchased a parcel of land that lies along one of these routes shortly before the appearance of these additional routes on the list.) After several news articles describing the lack of justification for these claims, and pressure from environmental groups and Salt Lake City officials, Mayor Workman and the County Commission withdrew the 8 claims and reverted to the original list of 15 claims. Workman claimed that her decision to withdraw the claims was not due to lobbying by any groups, but because she could not give an answer to state officials when asked why these claims were picked. Even though the claims are no longer on the list, the wording of the withdrawal was such that the county could, at some point in the future, go after these routes again.

Throughout this process the public has been kept in the dark. Requests for information by the media, as well as Save Our Canyons, under the Government Records Access and Management Act and the Freedom of Information Act, were repeatedly denied. The requests were denied on the grounds, among others, that the state had not yet made any “claims.” When asked by the Salt Lake County Council if they could make their list of 15 roads public, Attorney General Mark Shurtleff denied their request. Because the Counties’ work is to be used in future litigation, Shurtleff told the council their work is protected and county officials were forbidden to publicly discuss the claims.

Despite these obstacles Save Our Canyons, the Sierra Club and the Wasatch Mountain Club have been hard at work on this issue. We are currently working to develop a campaign to convince Salt Lake County that other less costly and less contentious methods exist to obtain needed rights-of-way and that it is in the County’s best interest to withdraw itself from the State’s lawsuit and relinquish the use of RS 2477.

IN THE NEWS

R.S. 2477 in the News

*The following articles from Salt Lake Tribune are archived on their website, and can be accessed via their website along with a paid subscription.

A wrong road: Norton policy would open up lands to overuse
The Salt Lake Tribune April 27, 2006. As she departed her post as secretary of the U.S. Department of the Interior last month, Gale Norton left behind a new policy for deciding what constitutes a road on public lands.

No-bid hiring for cushy job draws fire
The Salt Lake Tribune November 26, 2005. Utah's public lands coordinator says he needs more help preparing for a series of legal clashes over roads through federal land. And Lynn Stevens knows just the man for the job. He has offered a no-bid $175,000 one-year contract to former Assistant Attorney General John Boyden, who is also the brother of Stephen Boyden, the state's deputy public lands coordinator. (Page:A1 Words:767)

Kane road resolution will include the public's input

The Salt Lake Tribune November 22, 2005. Interior Secretary Gale Norton has agreed to a public process to resolve a battle in Kane County over ownership of a series of roads across federal land, including tracking the impacts of travel on the disputed roads. Norton's commitment satisfied Sen. Richard Durbin, prompting the Illinois Democrat to allow the Senate confirmation last Friday of the department's No. 2 official, Lynn Scarlett, which he had been blocking. (Page:B6 Words:468)

Rebellion in Kane County
The Salt Lake Tribune November 21, 2005. The Sagebrush Rebellion of the 1970s lasted less than a decade as a potent political force. But the sentiment that sparked the backlash over the management of federally owned lands in the West has never really gone away. And nowhere does the movement's heart beat more loudly today than in southern Utah. Specifically, in Kane County. (Page:A1 Words:2095)

Feud over monument signs just keeps heating up
The Salt Lake Tribune November 15, 2005. A Democratic senator continues to pressure the Interior Department to take legal action against Kane County over its posting of unauthorized road signs on federal land, including the Grand Staircase-Escalante National Monument. But the department said last week that its standoff with the county over ownership of the roads is in limbo following a recent appeals court decision, and it is now seeking to negotiate instead of litigate. (Page:D1 Words:802)

Common ground found at off-road forum
Deseret News October 30, 2005. The debate over public lands in Utah these days days is largely a debate about wheels, as wilderness advocates and off-road vehicle owners fight over who has access to how much of the state's vast open spaces. (Page:B02 Words:615 )

Norton says BLM revamping its policies on rights of way
The Salt Lake Tribune Oct 20, 2005. Interior Department Secretary Gale Norton said Wednesday that the Bureau of Land Management is revamping its right-of-way policies following a recent appeals court ruling that gives deference to the state's definition of what constitutes a county road as it crosses federal land. Norton, who was in Utah County to present grants to Utah and Idaho water districts and companies as part of her "Water 2025" initiative, said that because the appeals process is still... (Page:B8)

Road ruling affirmed counties' rights
The Salt Lake Tribune Oct 9, 2005. The 10th Circuit Court of Appeals recently ruled against Southern Utah Wildreness Alliance and the Bureau of Land Management in overturning a lower federal court's decision. SUWA and the BLM's arguments and the lower court's decision, based on those arguments, were clearly inconsistent with existing law as it applies to R.S. 2477 rights of way. The 10th Circuit agreed with San Juan, Garfield and Kane counties that Congress granted rights of way across federal... (Page:AA8 )

The correct rule
The Salt Lake Tribune October 5, 2005. I have to agree with your editorial stating that the decision of the 10th U.S. Circuit Court of Appeals ruling that "[N]o government act was required to accept a right of way, which could be manifested simply by continuous public use for 10 years . . . does not look like a road to fewer lawsuits" ("Road war," Sept. 24). But when has The Tribune ever thought that fewer lawsuits should be a goal of environmental policy? The holding has been the... (Page: A14 Words: 223)

R.S. 2477 means excess, not access, for Utah's public lands
The Salt Lake Tribune Oct 2, 2005. On Sept. 8, a federal appeals court overturned a Utah federal judge's decision that had, for four years, reined in a secretive, abusive and overreaching effort by Utah and county officials to claim that long-ignored dirt trails and other paths across federal public lands are actually "highways" under an 1866 law known as R.S. 2477. The new rule is that an R.S. 2477 claim is valid if the claimant can show 10 years of continuous use. (Page:AA4)

State and counties identifying public roads

Deseret News September 25, 2005. The state and counties are working to create a list of roads qualifying as public roads across public lands under a plan hoped to end controversies over most roads in Utah, the governor's office announced. (Page:B07 Words:281)

No easy out
The Salt Lake Tribune Sep 24, 2005. The governor's office announced the other day that the state and counties will record a list of roads in each county that cross public lands. The purpose is to identify rights of way across federal lands granted under an 1866 law commonly known as R.S. 2477. The announcement by Lynn Stevens, the state's public lands policy coordinator, suggested that recording these lists, coupled with an agreement now in the works with the federal Bureau of Land Management about how... (Page:A10)

State launches road claims
The Salt Lake Tribune Sep 22, 2005. The long battle over the ownership of Utah's rural back roads either took a giant step toward a conclusion, or was plunged even deeper into the murk on Wednesday. Armed with an appeals court decision loosening the definition of what constitutes a public right of way, the Governor's Office unveiled an ambitious, aggressive plan to claim old Jeep and mining roads across federal land in every county of the state. (Page:B1)

Road decision a huge victory for the public
The Salt Lake Tribune Sep 18, 2005. The Tribune (Our View, "Rights of way," Sept. 14) characterizes the recent 10th Circuit Court decision on county roads in rural Utah as a "limited victory" for Utah counties, the state and public-access defenders, while, in fact, this decision emphatically corrects the myths, misrepresentations, misinterpretations and wishful thinking about these R.S. 2477 roads that some, including The Tribune and environmental activists, have been spinning for... (Page:AA8)

Roads issue becomes even more tangled

Deseret News September 16, 2005. Untangling the status of roads claimed by Utah counties under a Civil War-era law is about as difficult as driving a Jeep on a trail across slick bentonite. (Page:B02 Words:833)

Rights of way

The Salt Lake Tribune September 14, 2005. Last week, a federal appeals court changed the rules of the road for determining whether county claims to old rights of way across federal land are valid. Utah's counties, backed by the state, won a limited victory in their long battle with the Southern Utah Wilderness Alliance and the Sierra Club over disputed county roads on federal lands. If this victory helps the counties to establish clear title to roads that no reasonable person would dispute, that would be good. If, however,… (Page: A14 Words: 404)

State lauds ruling on access to old roads

Deseret News September 10, 2005. State officials are calling a ruling from the 10th Circuit Court of Appeals a victory for the rights of the public to access old road rights of way that cut through federal land in three counties. But one environmental group says the ruling will only throw things into confusion and lead to yet more lawsuits. (Page:A01 Words:645)

Warning: Bumps ahead in dispute over rural roads

The Salt Lake Tribune September 10, 2005. The 10th Circuit Court of Appeals this week loosened the standards for what Utah and its counties can claim as their roads in the state's outback. But even with that clarification, don't expect the ongoing disputes over road ownership in the Beehive State to end anytime soon. Utah and county officials hailed Thursday's decision overturning a lower court ruling as an endorsement of what they believed all along -- that state law, not Bureau of Land Management... (Page: B1Words: 763)

Wilderness in limbo as 'roads' are redefined
The Salt Lake Tribune Sep 9, 2005. p. B1

BLM asks Utah about its road claims

The Salt Lake Tribune September 8, 2005. The Bureau of Land Management has asked the state for more information on Utah's claims to six rural roads and requested it answer questions raised by environmental groups over the disputed paths. In a letter to the state, the BLM requested additional evidence that the state's claims to roads in Daggett, Beaver, Iron and Millard counties fit the criteria of roads that the federal government can transfer to the state.

Assistant Utah Attorney General... (Page: B2 Words: 447)

BLM queries Utah about 6 roads

Deseret News September 8, 2005. The Bureau of Land Management wants the state of Utah to answer several "substantive" questions about six roads on public land that the state wants to control. (Page:B07 Words:418)

Tribune editorial gets it wrong on RS 2477
The Salt Lake Tribune Sep 4, 2005. p. AA4

Utah sues BLM over 15-year-old road closures

The Salt Lake Tribune August 26, 2005. The Attorney General's Office filed suit Thursday against the Department of the Interior over three roads in Juab County, as the state of Utah continues to aggressively pursue road claims in rural counties. The roads in question range from 6.5 to 9 miles long, and are located in the western, largely uninhabited part of the county. They were closed by the Bureau of Land Management in the late 1980s because, according to BLM officials, they extended into a designated wilderness study... (Page: A12 Words: 532)

This land is your land, this land is our land

The Salt Lake Tribune August 7, 2005. All Utahns have a stake in Utah's future and a say in how our public lands are managed. Shame on us if we accept Rep. Mike Noel, R-Kanab, and Utah Assistant Attorney General Mark Ward as spokesmen for our public lands in their rage against the federal government, spouting their ideological rhetoric. To portray the Kane County commissioners' decision to place off-road vehicle (ORV) signs on public lands throughout Kane County in defiance of the Bureau of Land Management... (Page: AA5 Words: 684)

Huntsman is right to support counties in road dispute
The Salt Lake Tribune July 24, 2005. p. AA6

BLM must follow the law
The Salt Lake Tribune Jul 13, 2005. p. A14

Access for all

The Salt Lake Tribune July 11, 2005. Upon reading a number of articles and opinions as of late in your so-called newspaper bashing Gov. Jon Huntsman, Emery and Wayne counties and organizations like USA-ALL for trying to assert RS 2477 and other rights of way for the citizens of this state and country to access our public lands, I felt I must weigh in. As a wheelchair-bound resident of Utah, it seems ironic to me that recently the U.S. Supreme Court ruled that foreign cruise ships docking in a U.S. port must comply with the... (Page: A6 Words: 228)

BLM ignored Emery roads

Deseret News July 7, 2005. Regarding the lawsuit of Emery County and the state of Utah to quiet title to seven roads in the San Rafael Swell, BLM spokesman Don Banks claims the county agreed to the BLM plan that resulted in closure of the roads. However, what Banks did not say was that the BLM's planning process deliberately ignored Emery County's R.S. 2477 roads and refused to address the issue. (Page:AA02 Words:171)

Time to act

The Salt Lake Tribune July 5, 2005. A request for legal action against Kane County has languished in the office of U.S. Attorney for Utah Paul Warner long enough. It's time for an accounting. Kane County officials, fighting for greater access to public lands, defied federal law in 2003 when they posted signs directing off-highway vehicles to trails that are off-limits inside the Grand Staircase-Escalante National Monument and tore down signs that closed roads on federal lands to OHV use.

Kane County Commissioner... (Page: A8 Words: 403)

Utah mired in road issues

Deseret News July 3, 2005. The state of Utah and Emery County are taking on the federal government, including the Bureau of Land Management, over some unpaved roads in central Utah. (Page:B01 Words:497)

Land assault
The Salt Lake Tribune Jul 3, 2005. p. AA1

Utah sues feds over Emery County road closures
The Salt Lake Tribune Jun 30, 2005. p. B3

New data challenges road titles

The Salt Lake Tribune June 28, 2005. WASHINGTON -- The state has failed to prove its ownership of four roads in rural Utah, according to several environmental groups, which uncovered aerial photographs, maps and records disputing the state's claims. The state has asked the federal Bureau of Land Management to grant the state ownership of two roads in Daggett County, one in Beaver County and another that starts in Beaver and runs into Iron County.

But the coalition of environmental groups, which previously unearthed... (Page: C1 Words: 644)

Senate Democrat weighs in on fight over Kane signs

The Salt Lake Tribune June 8, 2005. WASHINGTON -- A leading Democratic senator is pressing the Interior Department on its plan to deal with Kane County's defiant posting of road signs on federal lands around the Grand Staircase-Escalante National Monument, and he could block a nominee to a top Interior post if he doesn't get answers. Sen. Dick Durbin, D-Ill., said in a recent letter to Interior Secretary Gale Norton that Kane County officials who posted road signs across federal lands are openly defying... (Page: C1 Words: 720)

Counties, BLM ease tensions over monument signs

The Salt Lake Tribune June 2, 2005. The basic conflicts have not gone away. Nor will they any time soon. But it appears that a lengthy meeting Wednesday morning at the Utah Capitol complex has, at least for the moment, reduced tensions between Kane County and the U.S. Bureau of Land Management in their escalating battle over rights-of-way issues in and around the Grand Staircase-Escalante National Monument.

At the behest of Lt. Gov. Gary Herbert, a group of BLM officials, Kane and Garfield County commissioners, and members of... (Page: B3 Words: 541)

Kane sign deadline comes, goes

The Salt Lake Tribune May 17, 2005. The deadline set by the Bureau of Land Management for Kane County to remove its road signs from BLM-administered lands came and went on Monday. In response, BLM State Director Sally Wisely sent a letter to the Interior Department's regional solicitor requesting that it take legal action to compel Kane County to remove the signs and put back any BLM signs that it has taken out.

"We're looking for a solution, not a confrontation. We consider local county... (Page: A4 Words: 449)

A tilt in land-use 'balance'?

The Salt Lake Tribune May 9, 2005. Jon Huntsman Jr. pitched himself as an environmental and public lands moderate during his campaign for governor, pledging to protect Utah's most precious natural treasures while at the same time promising to fight for access to forest, mining and energy resources on federal land. "We need balance in our approach to public lands," the Republican said before and after defeating Democrat Scott Matheson Jr. last November.

But balance depends on the vantage... (Page: A1 Words: 1298)

BLM is at fault
The Salt Lake Tribune May 3, 2005. p. A12

Unhappy trails

The Salt Lake Tribune May 3, 2005. Kane County officials might have a better chance of getting their way about what's a road and what isn't if the roads in question didn't have names such as Lower Podunk or Hole-in-the-Rock. They might have an even better chance of staking claims to roads that run through land that belongs to all of the American people if they made any pretense that those trails were highways that went from anywhere to anywhere.

But what those county officials are doing is... (Page: A12 Words: 391)

Kane County, BLM land dispute heats up

The Salt Lake Tribune April 27, 2005. The Bureau of Land Management on Tuesday gave Kane County two weeks to take down signs it has posted designating roads through federal lands or face legal action, marking an escalating response to the county's continued defiance. Kane County began posting signs in February designating off-road-vehicle (OHV) routes across BLM-administered land, and last month designated a new route through an area northeast of Coral Pink Sand Dunes State Park that is being studied for potential... (Page: A1 Words: 714)

Rural roads -- a county perspective
The Salt Lake Tribune Apr 17, 2005. p. AA5

Environmentalists lose appeal over documents in roads suit

The Salt Lake Tribune April 15, 2005. The Utah Records Committee on Thursday rejected an appeal by two environmental groups to force the state to release documents related to its threatened lawsuit over claims to roads on federal lands in the San Rafael Swell. The Southern Utah Wilderness Alliance and Western Resources Advocates appealed to the Records Committee after being rejected twice by the Attorney General's Office and the state's Geographic Reference Center in a bid to gain access to maps and other... (Page: A6 Words: 298)

Judge rules state can join Salt Creek lawsuit

The Salt Lake Tribune April 12, 2005. A U.S. District Court judge has ruled that the state can intervene in a lawsuit filed by San Juan County against the federal government over ownership of an overgrown road that runs several miles into Canyonlands National Park. Judge Bruce Jenkins last week ruled that the state could become a party in a suit in which the county is claiming the road under RS 2477, a Civil War-era federal statute that grants broad rights-of-way across unreserved federal lands.

The trail in question, known as... (Page: C6 Words: 285)

Kane County ups ante in road feud with feds
The Salt Lake Tribune Mar 19, 2005. p. B1

State may join suit claiming park road
The Salt Lake Tribune Mar 5, 2005. p. A1

County is again raising Kane over roads

The Salt Lake Tribune February 16, 2005. KANAB -- First they took signs down, now they are putting signs up. Almost two years after Kane County officials removed 31 signs delineating federally mandated trails, roads and travel restrictions on the Grand Staircase-Escalante National Monument, the County Commission has put up signs on some roads that cut across federal land -- signifying they are open to motorized use.

The move is the latest attempt by the southern Utah county to assert what it believes is its right to control local... (Page: B4 Words: 878)

Road suit may define claims on feds' land
The Salt Lake Tribune Feb 12, 2005. p. B1

Suit over backcountry roads returns to court
The Salt Lake Tribune Feb 11, 2005. p. B2

State, 6 counties sue federal government
The Salt Lake Tribune Feb 10, 2005. p. B3

Audit reveals council's errors
The Salt Lake Tribune Oct 21, 2004. p. A14

An environmental battleground
The Salt Lake Tribune Oct 10, 2004. p. A1

State backs off its claim to disputed Juab road

The Salt Lake Tribune September 17, 2004. WASHINGTON -- Utah attorneys have abandoned their bid to gain ownership of a disputed road in Juab County after evidence showed the state's claim was riddled with errors. At the same time the state withdrew its claim to the Weiss Highway on Tuesday, it asked the Bureau of Land Management to consider granting the state title to two other roads crossing a total of 4 1/3 miles in the northeast corner of Daggett County, used primarily to access a Questar natural gas storage... (Page: B2 Words: 826)

Kane County, feds in stalemate over monument access

The Salt Lake Tribune August 12, 2004. One year after Kane County officials uprooted nearly three dozen signs in a national monument, neither side in the dispute is budging. The county and the U.S. Attorney's Office remain in a stalemate over how to settle differences over who controls public access in the Grand Staircase-Escalante National Monument.

"We need to either negotiate or admit we're unable to negotiate it and move on," said Kane County Commissioner Mark Habbeshaw, who... (Page: B3 Words: 591)

Critics fault road dispute memo
The Salt Lake Tribune Jun 29, 2004. p. C4

Testimony will be taken on road disputes
The Salt Lake Tribune Jun 28, 2004. p. B2

BLM strives to care for wilderness study areas

The Salt Lake Tribune June 27, 2004. As state director of the Bureau of Land Management in Utah, I was gratified to see the Supreme Court rule to curtail unnecessary litigation and unanimously reject the Southern Utah Wilderness Alliance's off-road vehicle lawsuit. I was disappointed, however, as I read various follow-up media accounts and felt compelled to provide additional information and background. I have three main points I'd like to focus on: 1) The court's decision addressed a specific... (Page: AA4 Words: 1154)

Grant of highway rights cannot be revoked

The Salt Lake Tribune June 20, 2004. Rep. Richard Pombo, R-Calif., has scheduled a June 28 hearing in St. George on the issue of rural roads crossing public lands, otherwise known as the R.S. 2477 road issue. Revised Statute 2477 was adopted by Congress in 1866. It provides that "the right of way for construction of highways over public lands not reserved for public uses is hereby granted." In 1976, Congress presumed to revoke this granted right. Subsequently, federal land managers and self-appointed public... (Page: AA4 Words: 714)

Jeep ride in canyon may lead to court

The Salt Lake Tribune June 18, 2004. The U.S. Bureau of Land Management has completed an investigation into an unauthorized Jeep ride during the weekend of April 30 in Arch Canyon in southeastern Utah. A top BLM law-enforcement official in Washington said BLM rangers are now discussing the matter with the U.S. Attorney's Office in Utah.

"We're serious about this," said Keith Aller, the BLM's deputy director of law enforcement. "We don't like... (Page: C2 Words: 628)

San Juan County contests park road closure

The Salt Lake Tribune June 17, 2004. A popular backcountry route through a streambed in Canyonlands National Park will remain closed to motor vehicles -- unless a rural Utah county can convince a federal judge it owns the route. The National Park Service on Monday finalized a rule that bans motor vehicles in Salt Creek Canyon above the Peekaboo Campsite.

That same day, San Juan County, which as recently as last month threatened to remove the park's barricade to the canyon, formally challenged the closure of the... (Page: B2 Words: 769)

OHV group drops suit over roads
The Salt Lake Tribune Jun 8, 2004. p. C3

Activists win right to view records in rural road claims
The Salt Lake Tribune May 21, 2004. p. C4

Road ownership test case hits a bump
The Salt Lake Tribune May 10, 2004. p. D1

Suit would open San Rafael roads
The Salt Lake Tribune May 10, 2004. p. D2

Road dispute won't stop Jeep Jamboree
The Salt Lake Tribune Apr 29, 2004. p. A14

Bogus roads

The Salt Lake Tribune March 2, 2004. U. S. District Judge Tena Campbell began shining some needed light on the murky issue of road claims in Utah with her ruling last week. The judge held that three rural Utah counties do not have legitimate claims on 15 of 16 disputed routes the counties illegally carved on lands administered by the Bureau of Land Management. The 16 roads at issue in Judge Campbell's court were bladed by Kane, Garfield and San Juan counties within the boundaries of the Grand Staircase-Escalante... (Page: A8 Words: 606)

BLM, greens win round in route dispute
The Salt Lake Tribune Feb 25, 2004. p. B2

Auditors say Interior's deal with Utah illegal

The Salt Lake Tribune February 13, 2004. WASHINGTON -- A legal opinion by government auditors says the Interior Department's agreement with Utah for the state to take control of miles of rural roads is illegal, but Congressman Chris Cannon says the state and federal agency "should proceed as agreed." The 3rd District Republican dismissed the General Accounting Office's report this week that the landmark pact violates a 1997 moratorium on any new rules regarding ownership of undeveloped... (Page: C7 Words: 599)

GAO says roads deal illegal

The Salt Lake Tribune February 11, 2004. A state-federal deal intended to facilitate Utah's quest to own dirt roads across public lands is illegal, according to a government watchdog agency. The U.S. General Accounting Office says a "memorandum of understanding," or MOU, forged between former Utah Gov. Mike Leavitt and U.S. Interior Secretary Gale Norton in April violates the 1997 Interior Appropriations Act.

But the GAO, in a letter to Sen. Jeff Bingaman, D-N.M., gave its blessing to a related... (Page: B1 Words: 1083)

Trails, roads erased from list of byways
The Salt Lake Tribune Jan 7, 2004. p. B5

Workman abandons claims to eight roads
The Salt Lake Tribune December 31, 2003. Salt Lake County Mayor Nancy Workman renounces--for now--RS 2477 claims to 8 trails in Big Cottonwood Canyon, originally submitted in secret to the Utah AG's office; the move follows news of leaks on planned claims by a County official to a local developer, while 15 publicly disclosed claims remain on the Mayor's list.

SLC denies landowners motor access
The Salt Lake Tribune December 24, 2003. Salt Lake City says "easement denied" to permit seekers on Cardiff Fork access road, following US Forest Service permit approvals; cites clean water protections for which property was purchased.

Treading On Utah
Salt Lake City Weekly December 11, 2003. Odd doings surround Utah State and Salt Lake County's policy of government by secrecy; how secret RS 2477 road claims revealed to a developer are withheld from citizen requests citing the Freedom of Information Act (FOIA); County surveyor may have profited from insider knowledge.

Lieberman seeks surveys of disputed Utah roads
The Salt Lake Tribune December 5, 2003. US presidential candidate/US Senator Joseph Lieberman asks Interior Secretary Norton to disclose all potential and existing Utah RS 2477 road claims on Federal lands; 1993 report to Congress indicates 5,000 RS 2477 road claims may potentially be made.

Government secrecy about road claims has to stop
(Op-Ed, Gale Dick, Save Our Canyons)
The Salt Lake Tribune November 16, 2003. Salt Lake County sets its sights on Wasatch RS 2477 road claims in Forest Service protected areas--forestalling and even reversing public land protections; the President of Save Our Canyons discusses the State's refusal to disclose planned claims to public inquiry, while the County freely shares its claim plans with commercial developers behind the scenes.

Road-claim disclosure riles Big Cottonwood
The Salt Lake Tribune November 11, 2003. Federal and Salt Lake City officials as well as concerned citizens were shocked to discover that a Salt Lake County Deputy DA has shared 20 secret RS 2477 County road claims with a resort developer, but the County has not shared the claims with local and Federal government after repeated requests through channels; Save Our Canyons public records request brings the chronyism by government to light.

Utah: outdoor capital?
Deseret News November 2, 2003. New Leavitt "recreation economy" task force announced that includes State, county, outdoor gear industry reps; Leavitt requests that State planning coordinator find ways to protect contiguous roadless areas of more than 5,000 acres; out-of-doors merchant applauds slow-coming action as "a step in the right direction".

Leavitt reverses, creates task force to protect wild lands
The Salt Lake Tribune November 2, 2003. Outgoing Utah Guv Leavitt announces a new task force to designate Utah wild lands for protection, though no deadlines for designations have been set.

Utah roads fight among gripes of Interior bill foes
The Salt Lake Tribune October 30, 2003. As time pressures militate against resubmission of Interior funding bill to recover an amendment protecting public lands against incredible RS 2477 road claims, US Congressional Utah delegation members say they wanted Alaska to go first on land grabs; meanwhile bipartisan amendment sponsors urge rejection and reformulation of the bill, which now stands for floor approval in the House.

Motorized access to Cardiff Fork property under review
The Salt Lake Tribune October 29, 2003. Motorized vehicle access applications in Cardiff Fork now in public domain for comments to US Forest Service; access proposal may impact a Salt Lake City watershed conservation area; convicted trail vandal and current access permittee Cyle Buxton, a road access applicant, stands to prevail regardless of public concensus if a future RS 2477 road claim is granted against past USFS protections.

3 fined for canyon trail work
The Salt Lake Tribune October 29, 2003. Cyle Buxton, Scott Mackintosh, John Anderson found guilty and fined by US District Judge over bulldozer vandalism of the Days Fork Canyon trail.

Interior bill stripped of wilds section
Deseret News October 29, 2003. In the wake of the removal of public land protections in the US Interior funding bill, US Republican Congressmen insist that the amendment "was not needed" because the Interior/State of Utah memorandum explicitly exempts processing claims on roads in "national parks, fish and wildlife refuges, wilderness areas, and wilderness study areas"; environmentalists are naturally skeptical, questioning why then the bipartisan amendment was removed; Leavitt is poised to announce first batch of RS 2477 claims.

Rural roads compromise killed
The Salt Lake Tribune October 29, 2003. Republican-controlled House-Senate committee aborts a bipartisan amendment to protect public lands against RS 2477 claims in the final version of the 2004 Interior Department funding bill, due largely to behind-the-scenes maneuvering by Utah Senators and Representatives (excluding US Rep Jim Matheson) and marshalled by Utah counties; action clears the way for implementation of giveaway deal on public lands struck by Utah's Leavitt and Interior's Norton.

Roads compact is at risk
The Salt Lake Tribune October 28, 2003. Strong bipartisan US Congress protection against RS 2477 claims in sensitive public monuments and proposed wilderness areas may be ripped from a pending Interior Department funding bill, should a blocking amendment by Utah Reps Cannon and Bishop survive.

Outdoor retailers nag Leavitt
The Salt Lake Tribune October 27, 2003. Outdoor Industry Association, impatient with Utah Guv Leavitt's lack of action on wilderness promises, are again talking about moving their annual trade show out of Utah, on the eve of his potential confirmation as EPA Chief in Congress; doubts echo Congressional Dems' questions about Leavitt's conservation commitment.

Interior defends roads deal to Congress
The Salt Lake Tribune October 6, 2003. Department of Interior bulls forward with surrender of claimed Utah roads and plans to expand program to 6 other states, despite Congressional opposition as an illegal commitment under a 1997 appropriations law; General Accounting Office and Interior Inspector General investigate the deal.

ATV impact
Deseret News October 1, 2003. Forest Service swamped as ATV (all-terrain vehicle) use--and damage--skyrockets, causing massive erosion and turning roads and trails into spiderweb scars.

Removal of signs reignites road war
The Salt Lake Tribune August 20, 2003. Bureau of Land Management launches a criminal investigation against 2 County officials involved in yet another act of roadway vandalism; State officials condemn "timing" of the action.

San Juan County plans 'ATV Safari'
The Salt Lake Tribune August l8, 2003. San Juan County officials are organizing their first "San Juan ATV Safari" in hopes of bringing in visitors to boost a sagging economy. Environmental groups, worried about damage to archeological sites and the ecology of the region--areas of which were formerly granted interim wilderness protection--see the event as a blow to wilderness designation hopes using RS 2477 as a wedge, with BLM approval. Parts of the precedent-setting noise-maker are routed through the Forest Service-administered Manti-LaSalle National Forest.

Outdoor retailers bend a bit
Deseret News August 15, 2003. Saying a "recreational economy is not good enough", $18B outdoor industry Association Board's probationary decision to stay still rests on wilderness protection; 6M-acre interim wilderness protection not addressed by the Guv in agreement; SLC rival Denver remains an OIA alternative trade show venue.

Outdoor retailers agree to stay put
The Salt Lake Tribune August 15, 2003. "Cautiously encouraged", OIA officials agree to keep $24M per year Outdoor Retailer shows in Utah, but will watch developments to see if the State will follow Guv's assurances on wilderness protection under RS 2477; otherwise, will move shows after 2005.

Will trade shows leave S.L.?
Deseret News August 14, 2003. Dutch-owned conglomerate VNU's child company VNU Expositions Inc. says Outdoor Retail show is not the OIA's to move out of Utah, but says OIA is a favored client with weight; an Association announcement is pending.

(Opinion) No longer the place?
The Salt Lake Tribune August 14, 2003. As Utah faces the loss of OIA convention business over RS 2477-based wilderness caps, should we wonder if the OIA's stand is the only way to protect the future of wilderness in Utah given the State's attitude of secrecy and subversion, in the face of citizen concerns?

Rec show eyes 'new' Leavitt
The Salt Lake Tribune August 13, 2003. As Leavitt vies for Environmental Protection Agency post, an Outdoors Industry Association representative says spotlight on the Guv's outdoor record--in particular, his RS 2477 claims involvement--may help the State retain OIA convention business; Leavitt has yet to respond to OIA's concerns.

Leavitt says outdoor industry should help him get what wilderness he can
The Salt Lake Tribune August 10, 2003. Claiming a compromise stance, Governor Leavitt explains his views in an interview, as he seeks to persuade the outdoor recreation gear industry that he is no spoiler; Utah environmental groups say name-calling and actions do not portray a friend to the wilds.

Leavitt fights to keep rec shows
The Salt Lake Tribune August 10, 2003. Utah Governor Leavitt will meet again with a skeptical Outdoor Industry Association in the wake of RS 2477 Interior deal, in an attempt to keep $24M convention business; as a trade show opens, OIA leading lights promise an announcement on the issue, characterize industrial development ventures and destructive land use as bad for outdoor business.

(Opinion) A shoe drops in the forest
The Salt Lake Tribune August 9, 2003. Why is the State of Utah seeking another agreement with the US Dept of Agriculture's Forest Service similar to the deal struck with the US Dept of the Interior's Gale Norton, affecting current roadless and watershed lands in the Wasatch, and will the State use RS 2477 loophole claims to pre-empt new wilderness? The State refuses to say. But the process must remain open so that citizens still retain some power to influence their government.

County to wait on road claims
Deseret News August 6, 2003. Despite dissensions, Salt Lake County joins 28 other County governments and the State of Utah in supporting a proposed State deal with US Agriculture's Forest Service, squaring off against citizen groups and City's water concerns; County will wait on the outcome of an impending lawsuit contesting the State/US Interior pact before informing the public of secret RS 2477 claims.

Leavitt asks for moderation in debate over roads on wild lands
The Salt Lake Tribune August 7, 2003. As Governor Leavitt's RS 2477 claims control pact with US Interior's Norton awaits Congressional ratification, the Gov calls for involvement at the political center from Utah factions in address to control-hungry County reps and Federal land managers in a bid to build an "outdoor economic ecosystem"; says current protected lands, unused pre-1976 and impassible trails will be excluded from State's claim evaluation criteria.

Leavitt says wilds 'extremists' twist facts
Deseret News August 7, 2003. Utah Governor Leavitt takes to the road to declare anti-RS 2477 environmental media campaigns insincere; claiming the "moderate" high ground while courting outdoor retailers, he declares a target of 6 million wilderness acres off-limits, but says wilderness designation is solely up to Congress while anti-wilderness road designation is up to the State.

State considers forging Forest Service roads deal
The Salt Lake Tribune August 6, 2003. The State of Utah may attempt to strike a deal with the US Forest Service (US Agriculture) similar to the Leavitt/Norton deal made with the US Dept of the Interior, if the latter holds up under challenge, says State's Randy Johnson to Salt Lake County Council; claims that current wilderness will not be part of the State's deal; County land grabs will not be precluded under deal.

(Opinion) Unhappy trails
The Salt Lake Tribune August 3, 2003. Is there really a need for secrecy in disclosing County RS 2477 claims in the Utah Attorney General's Office?

Could trails become roads?
Deseret News August 1, 2003. Utah's Attorney General pooh-poohs City concerns about paving road claims in Wilderness watersheds but will not disclose 22 County claims made since 2000; the State Assistant AG states that County claims on trails in non-Wilderness areas including the new Willow Heights preserve, cannot lead to paving and development under the terms of the Norton/Leavitt agreement.

SLC worries road fight could affect watershed
The Salt Lake Tribune July 31, 2003. Salt Lake City's Public Utilities Director worries that Salt Lake County RS 2477 road claims on 7 more trails in hitherto undeveloped areas may open the way to tainted water in Wasatch watersheds; the County admits that further canyon trail claims have been submitted to Utah's Attorney General.

Road rules face long ride
The Salt Lake Tribune July 28, 2003. While an amendment targeting RS 2477 claims offered by Rep. Jim Matheson fails, a Congressional trio backs a compromise amendment between environmental and Utah counties forces on Dept. of Interior funding measure--limiting future wilderness designation but preserving current protected set-asides intact.

Utah road deal survives in House
Deseret News July 18, 2003. Among general setbacks for wilderness conservation in the Western states included in Interior budget bill riders, Utah's US Congressional Representatives Cannon and Bishop succeed in blocking Colorado Rep. Mark Udall's, Utah Rep. Matheson's budgetary amendments to water down Utah State and County RS 2477 claims control.

Leavitt-Norton rural roads deal clears the House
The Salt Lake Tribune July 18, 2003. Foreshadowing wilderness protection shortfalls across the US West, US House's funding of Utah RS 2477 claims control process is a qualified victory for the State of Utah and Utah counties; process spawned by Utah-Interior deal could become a model for anti-conservation local governments in Western states.

Private property rights
The Salt Lake Tribune June 30, 2003. (Letter to the Editor) A retired couple in Helena, Montana, describes an RS 2477-based San Juan County seizure, involving bulldozing a right-of-way across their land; highlights property owners' lack of constitutional due-process remedies against County bullying under Utah's deal memorandum with the US Department of the Interior.

Beware the consequences of RS 2477 right-of-way claims
The Salt Lake Tribune June 21, 2003. (Op-Ed) Ranch owners Jana and Ron Smith recount the impacts of a Kane County RS 2477 claim on their property, and explore potential threats under the statute to private land owners and to public lands.

There's a Way to End the RS 2477 Road Mess
The Salt Lake Tribune June 15, 2003. (Op-Ed) Colorado Congressman Mark Udall describes his proposed bill, HR 1639, to limit RS 2477 claims, which may threaten private as well as public lands, to those made within another 4 years.

Salt Lake County won't ID its road claims
Deseret News May 5, 2003. Utah Attorney General Mark Shurtleff denies Salt Lake County Council's request to publicly announce RS 2477 claims on 15 roadways, and turns down The Deseret News GRAMA request for access to claims information, invoking lawsuit work product.

A Secret Wilderness
Salt Lake City Weekly May 1, 2003. A new era of secrecy and exclusion of the public from decision-making is inaugurated, exemplified by Federal, state, county governments' closed-door deals under the auspices of RS 2477, as activists and the public are routinely denied government information.

Assaulting Wilderness
The Salt Lake Tribune April 20, 2003. (Editorial) US DOI Secretary Gale Norton and Utah Governor Mike Leavitt cut 2 deals that attack wilderness designation.

Activist Says Governor's Process Is Flawed, Unfair
The Salt Lake Tribune April 20, 2003. (Op-Ed) SUWA activist Heidi McIntosh discusses R.S. 2477 right-of-way claims--is this really all about roads?

Environmentalists scrambling to counter Utah wilds lawsuit
Deseret News April 11, 2003. State wants to kill efforts to identify new sites in West.

Deal Struck on Control of Roads on Public Land
The Salt Lake Tribune April 10, 2003. US DOI Secretary Gale Norton and Utah Governor Leavitt sign an agreement to end Federal/State contention over control of features on public land.

Roads Issue Is Pressed by Leavitt
The Salt Lake Tribune Apr 5, 2003. p. B1

Open Road Talks
The Salt Lake Tribune Jun 6, 2002. p. A20

Road Claims Put Demands On Budget
The Salt Lake Tribune Jun 6, 2002. p. C2

Claims To Roads Discussed
The Salt Lake Tribune Jan 11, 2002. p. C1

Activists Seek Data on Roads Suit
The Salt Lake Tribune Oct 26, 2001. p. B5

Norton Supports Talks on Roads
The Salt Lake Tribune Jun 17, 2001. p. B1

SUWA Sues San Juan County Over Road Opening
The Salt Lake Tribune Dec 21, 2000. p. B2

Burr Case Crucial to Road War
The Salt Lake Tribune Oct 30, 2000. p. B1

Feds Win Dispute Over Burr Trail
The Salt Lake Tribune Oct 26, 2000. p. B1

Asserting Legal Rights
The Salt Lake Tribune Apr 22, 2000. p. A10

Pernicious Litigation
The Salt Lake Tribune Mar 29, 2000. p. A10

Time to Settle Road Claims
The Salt Lake Tribune Mar 26, 2000. p. AA1

Wasteful Spending
The Salt Lake Tribune Mar 18, 1999. p. A14

New Bump Jars Effort to Smooth Burr Trail Feud; Burr Trail Trial Query: Whose Road Is It?
The Salt Lake Tribune Feb 7, 1999. p. C1

The Road to Conciliation
The Salt Lake Tribune Dec 30, 1998. p. A10

Rural Funds: Legislators in Favor
The Salt Lake Tribune Nov 19, 1998. p. E4

Judge Rejects Claim Garfield Has Right Of Way on Burr Trail; Judge Rejects Garfield's Claim to Right of Way:[1]
The Salt Lake Tribune Apr 30, 1998. p. B1

Judge Rejects Claim Garfield Has Right Of Way on Burr Trail; Judge Rejects Garfield's Claim to Right of Way
The Salt Lake Tribune Apr 30, 1998. p. B1

The R.S. 2477 Facts
The Salt Lake Tribune May 15, 1997. p. A.16

BLM Offering Counties Other Method to Claim Road Rights; Law Avoids Federal Fight But for High-Use Routes Only
The Salt Lake Tribune Mar 16, 1997. p. C.3

Federal Road Law Anything But Smooth; Road Law Is Anything But Smooth
The Salt Lake Tribune Oct 27, 1996. p. A.1

Utah Wilderness Not Lost to Road Maintenance by Counties
The Salt Lake Tribune Oct 6, 1996. p. AA.8

Garfield County Wants Judge to Toss Park Service's Burr Trail Lawsuit
The Salt Lake Tribune Sep 24, 1996. p. C.3

Road-Building as Vandalism
The Salt Lake Tribune Sep 18, 1996. p. A.10

R.S. 2477 Misunderstandings Conveyed in Editorial
The Salt Lake Tribune Sep 7, 1996. p. A.11

The Burr Trail Redux
The Salt Lake Tribune May 29, 1996. p. A.8

Hansen's Road Bill Represents Another Taking
The Salt Lake Tribune Aug 20, 1995. p. D.2

Readers Deserve Balanced Information on Rural Rights-of-Way
The Salt Lake Tribune Aug 19, 1995. p. A.10

GLOVES COMING OFF IN 3RD DISTRICT THOMPSON HOPING TO LIVE LONG AND PROSPER WITHOUT PAC MONEY THOMPSON HOPES TO WIN WITHOUT PACS
The Salt Lake Tribune Oct 16, 1994. p. A1

COUNTIES WANT RIGHTS OF WAY HONORED
The Salt Lake Tribune Jul 30, 1994. p. D2

RANCHERS, DEVELOPERS, POLITICIANS GREET BABBITT IN CEDAR CITY WITH COMPLAINTS
The Salt Lake Tribune Dec 18, 1993. p. C3

COUNTIES SEEK PUBLIC LAND GRAB IN RS 2477 ISSUE
The Salt Lake Tribune Oct 10, 1993. p. A21

LEAVITT MAPS OUT STATE'S RESOLVE TO KEEP CONTROL OF ROADS ON FEDERAL LAND
The Salt Lake Tribune Sep 30, 1993. p. D1

ROAD RULES PUT UTAH, FEDS ON COLLISION COURSE STATE CALLS NEW RIGHT-OF-WAY REGULATIONS UNFAIR, DISHONEST
The Salt Lake Tribune Sep 27, 1993. p. A1

RURAL COUNTIES USE ROAD STATUTE TO FIGHT ENVIRONMENTALISTS
The Salt Lake Tribune Apr 6, 1993. p. B8

CIVIL WAR LAW ADDS FUEL TO WILDERNESS DEBATE
The Salt Lake Tribune Jul 14, 1992. p. B3

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