[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     statute was repealed by section 706 of the Federal Land 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.

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