"The court's decision provides a thoughtful and reasonable way to resolve road disputes between the federal government and counties," Norton said. "The decision allows the roads to be maintained at the status quo; it does not authorize automatic expansion of roads. Our new guidelines respect the obligation that Interior has to protect federal lands and environmentally sensitive areas, particularly parks, refuges and congressionally designated wilderness areas."

State Public Lands Policy Coordinator Lynn Stevens said clear guidance for the agency is a "good thing." But "this doesn't mean every road is going to be claimed," he said.

Environmental groups are angry at Norton's creation of such an important policy as she "walks out the door" without any public input. Norton resigned earlier this month and will leave next week.

"This secretive scheme is typical of how Secretary Norton has made decisions over the last five years," said Kristen Brengel of the Wilderness Society.

McIntosh and others said that no one wants to shut down existing roads or highways but the concern lies in states laying claim to streambeds or cattle trails or other suspect transportation routes that could expose environmentally or culturally sensitive areas to destruction and vandalism.

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E-mail: suzanne@desnews.com