Historic Roadways Protection Act sponsored by Curtis

U.S. Rep. John Curtis (R-UT) on Nov. 14 proposed legislation that aims to ensure Utahns have access to the roads that helped settle America’s West and their home state.

The Historic Roadways Protection Act, H.R. 6396, would prohibit the U.S. Secretary of the Interior from finalizing or implementing new travel management plans in the State of Utah until pending litigation over historic roads is complete, according to a bill summary provided by Rep. Curtis’ staff.

“Motorized access to Utah’s outdoors is critical for local economies and recreation opportunities,” said Rep. Curtis. “My legislation simply requires that we know all valid historic routes, which is critical to understand what areas can be accessed before BLM [the Bureau of Land Management] makes further travel management planning decisions.”

According to information provided by the congressman’s staff, much of the land in Utah is owned and managed by BLM. Under the authorization of the Federal Lands Policy Management Act (FLPMA), BLM is required to develop, maintain, and revise resource management plans (RMPs) and the associated travel management plans (TMPs) to ensure an ongoing effective land management strategy.

In 2008, BLM updated Utah’s RMPs to establish the federal management strategy across the state for mineral development, recreation access, conservation, and resource use. Several groups challenged the RMPs over BLM’s off-road vehicle use and other land-use practices, and a settlement reached in 2017 required BLM to revise 13 TMPs throughout the state, the information says.

At the same time, the FLPMA preserved all R.S. 2477 rights-of-way for public use. However, the Labyrinth Canyon TMP closed 114 miles out of the 317 miles of roads that are R.S. 2477 roads, according to the information. 

Subsequently, 22 counties in Utah filed lawsuits claiming title to those rights-of-way to keep the roads open for public use and to ensure they can’t be closed by new TMPs. The Federal District Court for Utah ordered the adjudication of 15 roads in Kane County in 2020 to set the precedent for the remaining cases, and the state is awaiting final decisions.

If enacted, the bill would ensure that until a decision is determined, BLM should not be able to implement or revise TMPs that close R.S. 2477 roads it may have no jurisdiction over, the information says. 

H.R. 6396, which is the companion bill to the same-named S. 3148 introduced in October by U.S. Sen. Mike Lee (R-UT), is supported by Ride with Respect, the Specialty Equipment Market Association, the BlueRibbon Coalition, the Motorcycle Industry Council, the Recreational Off-Highway Vehicle Association, and the Specialty Vehicle Institute of America.