BLM's San Rafael travel-management decision takes effect; agency, county officials weigh implementation and access concerns

Bureau of Land Management staff told the Emery County Public Lands Council on Jan. 8 that the agency’s final travel-management decision for the San Rafael Swell area is in effect and will be implemented on the ground unless a federal judge issues a stay.

BLM Price Field Office staff described the final network as: 1,355 miles of designated routes open to motorized travel (with 41 of those miles limited to certain vehicle types or sizes); about 67 miles of additional designated routes versus prior management; roughly 240 miles that had been closed or undesignated and are now designated for motorized public use; and roughly 58 miles of previously open routes that are now closed. The office distributed a decision record and route-by-route rationale table that staff said runs several hundred pages.

The decision was signed by an assistant secretary at the U.S. Department of the Interior. That signature, BLM staff said, removed the administrative appeal period that typically follows a field-office decision; it did not preclude litigation, and the agency acknowledged that parties may still challenge the decision in federal court.

“From signing that decision, this decision is in full force and effect right now,” said a BLM representative at the meeting. Staff advised that if a court later issues a stay, implementation on the ground could be paused.

Implementation priorities and concerns: BLM staff emphasized that the next stage is implementation: marking routes, installing signs, and conducting outreach so users understand where motorized, equestrian and nonmotorized uses are authorized. Staff said the final decision includes an implementation plan and a route-by-route table that explains the rationale for each designation.

County and user concerns presented at the meeting included: the need for accurate on-the-ground signage and maintenance for routes that remain open, confusion where mapped lines represent historic or faint routes, and questions about access to state trust lands. State trust land representatives and others at the meeting warned that losing vehicular access can reduce trust-land values; Utah School and Institutional Trust Lands Administration (SITLA) staff said reduced access can diminish property value and revenues for schools.

RS 2477 and other access issues: BLM and state attorneys discussed the interplay with RS 2477 rights-of-way. Staff noted that their analysis identified some RS 2477 routes as remaining open and that nearly 700 miles of routes historically associated with RS 2477 remain open under the new decision; a much smaller mileage (reported in the meeting at about 29.9 miles for a particular area) was recorded as closed. The agencies described ongoing litigation and recent favorable rulings for counties in related RS 2477 cases.

Appeals and next steps: Council members asked whether the decision can be appealed; BLM staff explained the assistant secretary’s signature eliminated the internal appeal step but that external legal challenges remain possible. Staff said the decision includes maps and a roughly 600-page record of decision and supporting materials, and they offered printed and electronic materials and a video explanation of the decision process. BLM staff invited the Council to use the online mapping tools and the route rationale table to inspect specific segments.

BLM staff acknowledged the plan is imperfect in places: some routes mapped as closed are faint or historic and may appear differently on the ground, and staff asked users to review the route table and raise specific concerns. The agency said it will work on marking and maintenance and prioritized partnerships with counties and volunteers for trail maintenance and signage.

The Council and state trust-land representatives urged BLM to prioritize route marking and allocation of funds for on-the-ground maintenance, not just plan production, and asked how access will be handled for routes that provide reasonable access to state lands under case law (referred to in discussion as the Carter decision). BLM and state trust staff said they disagree on some legal interpretations and that courts may need to clarify certain access obligations.

Ending: BLM staff said they will remain available to the Council for implementation questions and provided materials and contacts. County officials told BLM they plan close local coordination on signage, route maintenance, and any legal issues related to access and RS 2477 claims.