Interior Department endorses project on rural road claims

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by the section of mining law authorizing them) has been uncertain and controversial since their enabling statute was repealed in 1976.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.