HomeMy WebLinkAboutbocc.res.119.2005 A Resolution of the Board of County Commissioners of Pitkin County, Colorado
Concerning the
Adoption of Policies and Processes that Involve thorough Public Input to Identify and
Assert Rights-of-Way under RS2477
Resolution # //'~-~¥;5~
Recitals
1. The United States Congress, for the purpose of promoting the settlement of the
western United States by the establishment of roads, granted a right-of-way for the
establishment of highways over public lands not reserved for public uses in Section 8
of the Mining Act of 1866, re-enacted and re-codified as Revised States 2477 (R.S.
2477), 43 U.S.C. sec 932 (repealed October 21, 1976).
2. The United States Congress enacted a law in 1997 prohibiting federal land
agencies from disposing of RS 2477 claims unless and until Congress establishes a
process or has approved proposed rules and regulations concerning the process for
establishing the existence and validity of RS 2477 claims. At this time, Congress has
not acted to establish such a process or approve any such rules or regulations.
3. The above mentioned right to establish highways across public lands, except those
withdrawn from public use, effected a grant that was accepted whenever and
wherever roads were constructed over unreserved federal land, and these public roads
remain available to this day for public use.
4. The Federal Land Policy and Management Act of 1976 repealed R.S. 2477, but
did not terminate any valid outstanding right-of-way claims, or provide for
recordation of any such valid rights.
5. Identifying, asserting, maintaining, and protecting legitimate rights-of-way can be
useful to protect Pitkin County's social and economic resources and to promote
public health and safety, including but not limited to search and rescue, fire
protection, health and law enforcement, and other emergency services.
6. R.S. 2477 highway claims made across private lands can conflict with the
legitimate rights of private landowners.
7. Pitkin County has a critical role to play regarding the inventorying, maintenance,
and vacation of roads, including R.S. 2477 rights-of way, in a manner that protects or
enhances the socio-economic status of Pitkin County.
8. Pitkin County's abundant natural resources and public lands provide a wealth of
valuable resources and services, including fish and wildlife, drinking water,
recreation, scenery, and tourism, and pride in natural heritage that benefit our state
and local economies.
9. R.S. 2477 rights-of-way across such lands could impact these enumerated values.
10. The issue of possible assertions of ownership of R.S. 2477 rights-of-way has '
created uncertainty and confusion regarding county jurisdiction and management of
affected public and private lands.
11. It is in the public interest for this issue to be resolved expeditiously within a set
time period and in a consistent manner.
12. The Pitkin County Board of County Commissioners has previously supported a
resolution of the Colorado State Senate, SR04-004, passed in March of last year, as
well as House Joint Resolution 05-1069 that was passed earlier this year, both of
which also recognize the need for Congressional action to resolve these R.S. 2477
issues, for reasons similar to those stated above.
13. The Pitkin County Board of County Commissioners also participated in an R.S.
2477 Subcommittee of Colorado Counties, Inc. (CCI) where various aspects of this
issue were discussed among a number of Colorado counties, and where the
Subcommittee worked with representatives of Colorado's Congressional Delegation
on draft legislation, particularly legislation proposed by Congressman Mark Udall.
14. Following the work of CCI's R.S. 2477 Subcommittee, Congressman Udall
introduced H.R. 3447, which establishes a uniform and clear process to dispose of
R.S. 2477 claims across federal, private and Tribal lands, and which addresses many
of the issues that this Board has identified that need to be addressed in the context of
considering R.S. 2477 claims.
THEREFORE BE IT RESOLVED that
1. Pitkin County recommends a national policy be adopted by Congress to resolve
and address claims that assert an ownership interest in R.S. 2477 rights-of-way.
2. Pitkin County acknowledges that any solution to the R.S. 2477 issue should
provide a process for thorough public involvement.
Pitkin County acknowledges that any solution to the R.S. 2477 issue should
include a reasonable deadline by which all R.S. 2477 highway rights-of-way
claims must be asserted, in order that the issue may be resolved in a timely
fashion.
Pitkin County believes that Colorado's national parks, national monuments,
national wildlife refuges, wildemess, roadless areas, and other pristine wildlands
are of special importance to the heritage, culture, and economy of this state and
County, and should be given special consideration in the resolution of claims for
R.S. 2477 highway rights-of-way.
5. Pitkin County believes that H.R. 3447 represents a reasonable compromise of the
R.S. 2477 issues that were raised by it and other Colorado Counties in the CCI
R.S. 2477 Subcommittee process, and, as a result, supports the passage of this
legislation to help address R.S. 2477 claims in Pitkin County and across the west.
6. Staff is directed to send copies of this Resolution to Colorado Counties, Inc., to
Pitkin County's State and Federal delegates, and to Representative Udall.
ADOPTED THIS 24th DAY OFAUGST, 2005.
ATTEST:
~ty Clerk
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Attomey
BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
By~ '"~sl2gO
Patti Kay-Clapper,~2hair ' '
Hilary Fl~)her Smith, CoXtli55ty'Manager