Historic Roadways Protection Act
Key claim: The Bureau of Land Management could not spend money to close historic roads or carry out several Utah travel plans until a federal court rules on Utah’s and counties’ claims that those roads are protected rights-of-way.
Abstract
(S90 · 119th Congress) Historic Roadways Protection Act This bill prohibits the Bureau for Land Management (BLM) from closing historical roads on public lands in certain areas of Utah until the Federal District Court for Utah makes a decision on each of the R.S. 2477 cases, which are cases brought by Utah and counties to keep historical roads on BLM land in Utah open for public use. By way of background, a provision of the Mining Law of 1866, commonly known as R.S. 2477, granted rights-of-way to states and counties across public lands for the construction of roads for public use in order to promote settlement of the American West. In 1976, Congress repealed R.S. 2477 when it enacted the Federal Land Policy and Management Act (FLPMA), but FLPMA preserved rights-of-way that had been established under R.S. 2477. After the BLM released travel management plans that closed some historical roads, Utah and 22 counties filed lawsuits about their rights-of-way across public lands for historical roads. Until the BLM certifies that those cases have been decided, the bill prohibits the BLM from obligating or expending federal funds to (1) finalize or implement a new travel management plan for certain travel management areas in Utah; or (2) implement, with respect to land within the boundary of Utah, the Indian Creek (Canyon Rims) Travel Management Plan, the San Rafael Desert Travel Management Plan, the San Rafael Swell Travel Management Plan, or the Labyrinth/Gemini Bridges Travel Management Plan. Latest action (2026-02-04): Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Why this matters
R.S. 2477 right-of-way disputes are a long-running flashpoint over who controls travel and access on federal public lands in the West, particularly Utah, where counties assert historic road claims across areas BLM manages for conservation. A funding bar on BLM travel-plan implementation would tilt the status quo toward keeping routes open pending years-long litigation, with downstream effects on habitat, wilderness-quality lands, and BLM enforcement capacity.