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Summary Provided by Congressional Research Service
Historic Roadways Protection Act
This bill prohibits the Bureau for Land Management (BLM) from closing historical roads on public lands in certain areas of Utah until the Federal District Court for Utah makes a decision on each of the R.S. 2477 cases, which are cases brought by Utah and counties to keep historical roads on BLM land in Utah open for public use.
By way of background, a provision of the Mining Law of 1866, commonly known as R.S. 2477, granted rights-of-way to states and counties across public lands for the construction of roads for public use in order to promote settlement of the American West. In 1976, Congress repealed R.S. 2477 when it enacted the Federal Land Policy and Management Act (FLPMA), but FLPMA preserved rights-of-way that had been established under R.S. 2477. After the BLM released travel management plans that closed some historical roads, Utah and 22 counties filed lawsuits about their rights-of-way across public lands for historical roads.
Until the BLM certifies that those cases have been decided, the bill prohibits the BLM from obligating or expending federal funds to (1) finalize or implement a new travel management plan for certain travel management areas in Utah; or (2) implement, with respect to land within the boundary of Utah, the Indian Creek (Canyon Rims) Travel Management Plan, the San Rafael Desert Travel Management Plan, the San Rafael Swell Travel Management Plan, or the Labyrinth/Gemini Bridges Travel Management Plan.
Latest available text
1. Short title
This Act may be cited as the "Historic Roadways Protection Act".
2. Prohibition on use of use of funds to finalize and implement certain travel management plans in the State of Utah
(a) Definitions - In this section:
(1) Applicable period - The term "applicable period" means the period that begins on the date of enactment of this Act and ends on the date on which the Secretary certifies to Congress that each of the R.S. 2477 cases has been adjudicated.
(2) Covered travel management area - The term "covered travel management area" means any of the following travel management areas in the State of Utah:
(A) The Henry Mountains and Fremont Gorge Travel Management Area.
(B) The Dinosaur (North) Travel Management Area.
(C) The Book Cliffs Travel Management Area (Vernal Field Office).
(D) The Nine Mile Canyon Travel Management Area (Vernal Field Office).
(E) The San Rafael Swell Travel Management Area.
(F) The Nine Mile Canyon Travel Management Area (Price Field Office).
(G) The Book Cliffs Travel Management Area (Moab Field Office).
(H) The Dolores River Travel Management Area.
(I) The Trail Canyon Travel Management Area.
(J) The Paunsaugunt Travel Management Area.
(3) R.S. 2477 case - The term "R.S. 2477 case" means each of—
(A) Beaver County and State of Utah v. United States (Case No. 2:12–cv–423–CW);
(B) Box Elder County and State of Utah v. United States (Case No. 1:12–cv–105–DB);
(C) Carbon County and State of Utah v. United States (Case No. 2:12–cv–427–DB);
(D) Daggett County and State of Utah v. United States (Case No. 2:12–cv–447–RJS);
(E) Duchesne County and State of Utah v. United States (Case No. 2:12–cv–425–CW);
(F) Emery County and State of Utah v. United States (Case No. 2:12–cv–429–CW);
(G) Garfield County and State of Utah v. United States (Case No. 2:12–cv–478–TC);
(H) Grand County and State of Utah v. United States (Case No. 2:12–cv–466–DN);
(I) Iron County and State of Utah v. United States (Case No. 2:12–cv–472–BSJ);
(J) Juab County and State of Utah v. United States (Case No. 2:12–cv–462–DB);
(K) Kane County and State of Utah v. United States (Case No. 2:12–cv–1073–CW) (consolidated with Case No. 2:11–cv–1031–CW; Case No. 2:12–cv–476–CW).
(L) Millard County and State of Utah v. United States (Case No. 2:12–cv–451–DB);
(M) Piute County and State of Utah v. United States (Case No. 2:12–cv–428–CW);
(N) Rich County and State of Utah v. United States (Case No. 2:12–cv–424–DN);
(O) San Juan County and State of Utah v. United States (Case No. 2:12–cv–467–DAK);
(P) Sanpete County and State of Utah v. United States (Case No. 2:12–cv–430–DB);
(Q) Sevier County and State of Utah v. United States (Case No. 2:12–cv–452–DN);
(R) Tooele County and State of Utah v. United States (Case No. 2:12–cv–477–CW);
(S) Uintah County and State of Utah v. United States (Case No. 2:12–cv–461–DAK);
(T) Utah County and State of Utah v. United States (Case No. 2:12–cv–426–CW);
(U) Washington County and State of Utah v. United States (Case No. 2:12–cv–471–RJS); and
(V) Wayne County and State of Utah v. United States (Case No. 2:12–cv–434–DN).
(4) Secretary - The term "Secretary" means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(b) Prohibition on use of funds by the Secretary of the Interior to finalize and implement certain travel management plans - During the applicable period, notwithstanding any other provision of law, the Secretary may not obligate or expend Federal funds—
(1) to finalize or implement, with respect to land within the boundary of the State of Utah, a new travel management plan for a covered travel management area; or
(2) to implement, with respect to land within the boundary of the State of Utah—
(A) the Indian Creek (Canyon Rims) Travel Management Plan;
(B) the San Rafael Desert Travel Management Plan;
(C) the San Rafael Swell Travel Management Plan; or
(D) the Labyrinth/Gemini Bridges Travel Management Plan.