In a recent government meeting, representatives from Utah's Public Lands Policy Coordinating Office discussed the ongoing litigation surrounding RS 2477, a provision of the Mining Act of 1866 that granted rights of way for highways over unreserved federal public lands. This provision has been crucial for Utah's rural counties, where over 95% of land is federally owned, enabling the construction of nearly 13,000 roads that support local economies and provide access to natural resources.

Despite the repeal of RS 2477 by the Federal Land Policy and Management Act in 1976, existing rights of way were preserved. However, the lack of clarity on how to prove these rights has led to extensive litigation, with Utah and its counties pursuing claims under the federal Quiet Title Act since at least 2012. The process has been described as lengthy, costly, and disruptive to rural transportation systems.

A significant trial in February 2020 aimed to address these claims through a bellwether case involving 15 roads in Kane County. The outcome is pending, but discovery continues across 22 lawsuits, heavily relying on testimony from elderly witnesses who can attest to the continuous public use of these roads prior to 1976. The age and physical limitations of these witnesses pose challenges, as the state must arrange travel along these roads to refresh their memories and verify data.

Compounding these issues, the Bureau of Land Management (BLM) is proposing closures of many RS 2477 roads, which threatens the state's ability to establish the validity of its claims and leads to the degradation of these vital routes. To address these concerns, the Historic Roadways Protection Act (S 3148) has been introduced, aiming to protect the status quo until the RS 2477 claims can be fully adjudicated, ensuring continued access to public lands for all residents.