[Congressional Record Volume 140, Number 149 (Thursday, December 1, 1994)] [Senate] [Page S] From the Congressional Record Online through the Government Printing Office [www.gpo.gov] [Congressional Record: December 1, 1994] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] SENATE RESOLUTION 288--RELATIVE TO A REQUEST TO THE SECRETARY OF THE INTERIOR Mr. HATCH (for himself, Mr. Stevens, Mr. Bennett, and Mr. Murkowski) submitted the following resolution; which was referred to the Committee on Energy and Natural Resources: S. Res. 288 Whereas in 1866 Congress established, through section 2477 of the Revised Statutes, a procedure for granting rights-of- way across unreserved public lands to local governments to ensure reasonable access by the public to and across public lands and resources; Whereas thousands of valid rights-of-way were conveyed to State and local governments through this mechanism until the statute was repealed by section 706 of the Federal Land Policy and Management Act of 1976 (Public Law 94-579); Whereas section 701 of the Federal Land Policy and Management Act of 1976 (Public Law 94-579; 43 U.S.C. 1701 note) recognized and protected all valid existing rights- of-way granted under section 2477 of the Revised Statutes (43 U.S.C. 932 note); Whereas those rights-of-way are valid property rights held in trust for the public by State and local governments; Whereas those rights-of-way continue to be critical to ensuring access to and across public lands; Whereas the Secretary of the Interior proposed a rule on August 1, 1994 (59 Fed. Reg. 39216), to address rights-of-way across lands now administered by the Bureau of Land Management, the National Park Service, and the United States Fish and Wildlife Service; Whereas there is an established body of case law, legislative history, historical precedents, and departmental decisions that does not appear to be reflected in the proposed rule of the Department of the Interior affecting those rights-of-way; Whereas the proposed rule would substantially conflict with existing law and congressional intent regarding the scope and future administration of those rights-of-way and impose an excessive burden on State and local governments to legitimize all right-of-way claims, including those already validated by an appropriate Federal agency or a court; Whereas the established public comment process outlined in the proposed rule, including the subsequent extension periods, is inadequate to address the many fundamental problems raised by the rule; and Whereas the proposed rule seeks to exceed the authority granted to the Department of the Interior under the Constitution, through political and legal precedent, and by Executive order: Now, therefore, be it Resolved, That the Senate requests that the Secretary of the Interior-- (1) immediately withdraw the proposed rule regarding rights-of-way granted under section 2477 of the Revised Statutes (43 U.S.C. 932 note) published in the Federal Register of August 1, 1994; and (2) reissue the proposed rule for public review and comment, only after-- (A) consulting with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and (B) revising the proposed rule to adequately reflect and comply with all pertinent laws, Executive orders, rules, and historical and legal precedent. ____________________