SALT LAKE CITY — Brokered by Gov. Gary Herbert's Balanced Resource Council, a pilot "negotiation" project to resolve claims on rural roads will tap state leaders, county officials and the Department of the Interior with a goal of averting costly litigation.

The federal agency announced its endorsement of the effort Friday, just before Interior Secretary Ken Salazar's scheduled participation in a "public listening session" in Salt Lake City next week.

"RS 2477 claims have long been a source of contention in the West, but with the right approach, openness on all sides, and Gov. Herbert's leadership, we have a good chance in Utah to establish a model for consensus-building and problem-solving," said Salazar, who has discussed the issue and alternative approaches with Herbert.

"If we can set the right parameters for the talks, I believe that a pilot project with Iron County, Utah, would be a good first step that can demonstrate how consensus is attainable on specific claims to the benefit of all."

Claims to rural roads have been made under an 1866 law granting rights-of-way for the construction of highways over federal lands that are not reserved for public use. The validity of many RS 2477 rights-of-way (known by the section of mining law authorizing them) has been uncertain and controversial since their enabling statute was repealed in 1976.

A dispute over RS 2477 roads in Kane County has tapped the legal resources of the state and county officials in a battle that still lacks a legal ruling by the 10th Circuit Court of Appeals. A similar legal battle related to roads in San Juan County awaits a decision in U.S. District Court in Salt Lake City.

There are thousands of these roads throughout Utah — many of which have entrenched historical use by local residents but are located within "sensitive" wilderness areas.

Mark Ward, senior policy analyst with the Utah Association of Counties, said the pilot project's go-ahead is welcome news. "We take it as a good sign the Department of Interior is truly interested in reaching a fair resolution on as many of the roads as possible. The counties welcome very much the overture the department has made."

Ward, who has been front and center defending counties' claims to disputed roads, said negotiators settled on Iron County because it is an ideal starting point to forge compromise.

"There is not a lot of history of deep conflict there. It has the right mix" of the type of roads that may foster an agreement that could be reached among county officials and environmentalists.

"This is exactly what we have been looking for — for some other means to settle this," Ward said. "If we were to litigate all these roads, we will be in this now to the next millennium. It is nice that everyone recognizes the futility of trying to process all these through the court system."

RS 2477 was originally intended to promote settlement of the American West in the 19th century and was "self-executing" — there was no federal or state government approval or public recording of title required to establish rights-of-way. Many of the roads were intended to provide access to mineral deposits on federal lands.

Although Congress repealed RS 2477 with the Federal Land Policy and Management Act of 1976, the new law did not terminate valid rights-of-way established prior to repeal.

In a letter to Ward, the pilot project is outlined by Bureau of Land Management Director Bob Abbey.

At its outset, the project's intent will be to resolve RS 2477 claims that are "relatively noncontroversial. If (it) later proves to be overly controversial for some reason, it will be removed from consideration in the pilot project."

The instigation of the pilot project does reject a solution that had been offered by state officials.

Ward and others had pushed the idea of the Interior Department signing off on "recordable disclaimer of interest" on those road claims that lacked controversy. By formalizing a legal lack of interest, the department would essentially relinquish its rights to the disputed road.

Abbey's letter rejected that option, saying it "might prove unacceptable to, and estrange, stakeholders whose involvement and concurrence we agree are indispensable to the success of the pilot process."

It does, however, leave open other options, including a "friendly" quiet title suit in which an actual court complaint is filed regarding a road claim, but all sides agree in advance on which roads to claim and which to relinquish, Ward said. Ward envisions a county-by-county process to try to settle the issue.

"Every county has their own flavor, own history, own personality," he said. "No county is bound by what another county does."

Abbey also stressed that consensus is an integral component of the pilot project, which must have the support of multiple policymakers in Utah, including its congressional delegation and state agencies.

In addition to Ward and Herbert, Abbey's letter was sent to all members of Utah's congressional delegation and numerous environmental groups, including the Southern Utah Wilderness Alliance and the Sierra Club.

View Comments

Environmental groups — many of which have fought long legal battles with the counties and state over disputed roads — praised Salazar's initiation of the pilot project.

"A process which recognizes legitimate roads while protecting scenic and wild country at the same time is a possible step in the right direction," said Heidi McIntosh, associate director of SUWA.

Kristen Brengel, legislative director of the National Parks Conservation Association, said she was hopeful the pilot project would be a first step toward settling conflicts over claims to the roads, especially in areas such as Zion National Park, Dinosaur National Monument and Cedar Breaks National Monument, where road claims have been asserted in the past.

e-mail: amyjoi@desnews.com

Looking for comments?
Find comments in their new home! Click the buttons at the top or within the article to view them — or use the button below for quick access.