The implications of SB3148 on state laws are significant, as it restricts federal involvement in local land management during an applicable period defined by the adjudication of R.S. 2477 cases. This could lead to a state of limbo for land management practices in Utah, hampering potential improvements or changes to existing travel plans that affect local economies, tourism, and recreation. Supporters of the bill argue that such a measure is necessary to protect the interests of local governments and communities that rely on access to these lands for economic and recreational purposes.
Summary
SB3148, titled the 'Historic Roadways Protection Act,' seeks to prohibit the use of federal funds by the Secretary of the Interior to finalize or implement certain travel management plans within the state of Utah. The legislation is primarily focused on a number of specific designated travel management areas that include the Henry Mountains, Book Cliffs, and various canyons. It aims to ensure that no new federal travel management plans can be enacted while related legal cases regarding right-of-way claims under Revised Statute 2477 (R.S. 2477) are being adjudicated.
Contention
There are notable points of contention surrounding SB3148. Critics argue that the bill could delay necessary updates to travel management plans that are increasingly needed due to changing environmental conditions and growing recreational use. Additionally, the reliance on existing travel management plans without federal oversight may lead to inconsistency and potential mismanagement of public lands. Proponents assert that it is essential to maintain local control and that the limitations on federal funds will help preserve traditional use rights as recognized under R.S. 2477.
Historic Roadways Protection ActThis 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 In 1976, Congress repealed R.S. 2477 when it enacted the Federal Land Policy and Management Act (FLPMA), but FLPMA preserved rights-of-way that had been established under R.S. 2477.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.