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The Interior Department has just released draft regulations for
the interpretation of Revised Statute 2477 (RS 2477), a civil-war
era law dealing with highway rights-of-way on federal lands. RS
2477 granted rights-of-way for the construction of highways on
federal lands not reserved for other uses. RS 2477 was repealed
by congress in 1976, but rights-of-way already established were
not terminated. Wise use groups, off-road vehicle groups, and
state and local governments are attempting to use this obscure
regulation to open roads in designated wilderness areas, national
parks, and other inappropriate areas.

Claims of RS 2477 rights-of-way skyrocketed in 1988 when then
secretary of the interior Donald Hodel issued a loose
interpretation of RS 2477 rights-of-way. Hodel said virtually any
dirt road, track, foot path, or dogsled route could qualify as an
RS 2477 right-of-way, and could be widened, realigned, paved, and
turned into a major highway with virtually no federal oversight.
Because Hodel's policy was adopted without proper rule-making
procedures, interior is now developing new regulations. These
regulations will be crucial to the future of western public
lands.

To comment on the proposed regulations, WRITE SECRETARY OF THE
INTERIOR BRUCE BABBITT BEFORE SEPTEMBER 30. Desert Survivors
recommends you make the following points in your letter to
secretary Babbitt:

Most Important: Tell secretary Babbitt that you want tough
regulations that fully protect parks and wilderness areas from RS
2477 rights-of-way.

Other Important Points:

1. Commend the Interior Department for developing the new
regulations, but urge them to make the regulations stronger.

2. Demand that the scope of any validated RS 2477 right-of-way be
limited to the physical dimensions and conditions that existed
when RS 2477 was repealed in 1976. Object strongly to language in
the explanatory preamble that suggests that improvements in the
surface treatment of a road may sometimes be considered within
the scope of an RS 2477 right-of-way. Emphasize that any
upgrading of a road's physical dimensions and conditions--
including any improved surfacing--should require separate
authorization under contemporary right-of-way laws.

3. Urge tightening of the criteria governing which routes qualify
as valid RS 2477 rights-of-way. In particular, urge that the
definition of "highway" be tightened. Under the draft
regulations, any "thoroughfare" that had been used before 1976 by
vehicles to carry people and goods "from place to place" may
qualify as an RS 2477 right-of-way. This language could allow
seldom used routes to qualify as highway rights-of-way. At
minimum, the regulations should require that a route connect
"identified and significant centers of public activity" to
qualify as an RS 2477 right-of-way. 

4. Urge that regulations specifically direct federal land
managers to exercise their full legal authority to avoid harmful
impacts on parks and other federal lands from future use and
maintenance of RS 2477 rights-of-way.

5. Request that the deadline for filing RS 2477 claims be no more
than one year after the regulations are final, rather than two
years, as in the draft regulations.


                        Send letters to:
Secretary Bruce Babbitt
U.S. Department of the Interior
1849 C Street NW, Rm 5555
Washington DC 20240