The Bureau of Land Management Failed to Decide the Application During the Trump Administration
FOR IMMEDIATE RELEASE
Contacts: Michelle White, Southern Utah Wilderness Alliance, 801.236.3775
Liam Kelly, National Parks Conservation Association, 213.814.8666
Anne Hawke, Natural Resources Defense Council, 646.823.4518
Jennifer Dickson, The Wilderness Society, 303.650.9379
Salt Lake City, UT (March 4, 2021) – The State of Utah and Washington County, Utah, have quietly withdrawn an application claiming joint ownership interest in the Manganese Road, a 10-mile dirt road in the southwestern corner of Utah that crosses federal public lands and forms part of the southern boundary of the Square Top proposed wilderness.
At the end of 2019, the state and county collaborated with the Trump administration’s BLM to attempt to use a controversial and unlawful tool known as a “recordable disclaimer of interest” (RDI) to request the Bureau of Land Management (BLM) give away the United States’ interest in the Manganese road.
RDIs were developed by the George W. Bush administration in an attempt to give away public lands. In 2003, the Bush Interior Department issued regulations to guide the use of RDIs to cede control over rights-of-way claimed by states and counties pursuant to an obscure provision of the 1866 Mining Act, known as “Revised Statute (R.S.) 2477.” The 2003 RDI regulations are contrary to a longstanding congressional prohibition, in place since 1997. Initial attempts by the Interior Department in the 2000s to issue RDIs to alleged R.S. 2477 claims in Utah were also withdrawn.
“The Manganese Road application was a trial balloon that, if successful, would have opened the door for the BLM to cede public control of tens of thousands of miles of dirt roads and trails that Utah claims as highways across federal public lands,” said Michelle White, staff attorney for the Southern Utah Wilderness Alliance. “The RDI process is simply an effort by the State of Utah to secure title to claimed rights-of way-without having to prove their claims in court.”
“Once again, another unsubstantiated road claim under this illegal regulation is withdrawn,” said Kristen Brengel, senior vice president for government affairs at the National Parks Conservation Association. “National parks, wildlife refuges, national monuments and many other protected lands will continue to be threatened by this regulation that can turn cow paths and two-tracks into highways. Now is the time to do away with this regulation once and for all.”
“Amen to the failure of yet another eleventh hour Trump administration sleight-of-hand. If this questionable ploy had worked, it would have relinquished federal land held in trust for all of us,” said Sharon Buccino, senior director of lands for the Natural Resources Defense Council. “It also would have set a dangerous precedent, opening the door to more unsavory backhanded deals to develop lands that should be protected.”
The RDI application is the latest in a decades-long attempt by the State of Utah to secure title to alleged R.S. 2477 claims in an effort to take control of public lands and prevent wilderness protection.
Coinciding with the RDI application withdrawal is the one-year anniversary of the end of the “bellwether trial” that will determine if fifteen R.S. 2477 claims, located in Kane County, are valid. Despite the lengthy time elapsed since the trial concluded, a decision from the trial court is not anticipated until 2022, or later, due in part to the complicated nature of the factual and legal issues.
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