SUMMARY--Urges Congress to protect rights of users of certain roads over public lands. (BDR R-1185)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
SENATE JOINT RESOLUTION--Urging Congress to protect the rights of users of roads over public lands against regulatory infringement.
Whereas, By section 8 of chapter 262, 14 Statutes 253 (former 43 U.S.C. Sec. 932), enacted in 1866, the right of way was granted for the construction of highways over public lands not reserved for other public uses; and
Whereas, The placement of that section in an act primarily devoted to the encouragement of mining upon the public lands suggests that an important purpose of the grant was to provide access to mining claims, but its operation was extended by section 17 of the Placer Law of 1870, which also affected other patents, pre-emptions and homesteads, so that the right of access was extended broadly to private property; and
Whereas, When section 8 of chapter 262 of the Statutes of 1866 was repealed in 1976 by section 706 of Public Law 94-579, section 701 of Public Law 94-579 also provided: "Nothing in this Act * * * shall be construed as terminating any valid * * * right-of-way [sic], or other land use right or authorization existing on the date of approval of this Act"; and
Whereas, This Legislature in its 67th Session enacted Assembly Bill No. 176 and Senate Bill No. 235 and adopted Senate Joint Resolution No. 12, which recognized the acceptance of rights of way across public land by private use as accessory roads, dispensed with public maintenance but declared all such roads open to public use, and urged the Federal Government to recognize the rights so acquired; and
Whereas, The Bureau of Land Management has recently proposed regulations, published in Volume 61 of the Federal Register at page 57605 and following, which, among other provisions, in section 9260.6 declare that: "Highway, road or trail means a way or place that is publicly maintained and open to the public for vehicular travel without regard to which public agency has jurisdiction, operates or maintains it"; and
Whereas, This persistent view of the Bureau of Land Management, which relegates the public's right of way on such accessory roads to a revocable privilege or denies it altogether of which this Legislature took cognizance in Senate Joint Resolution No. 12 of the 67th Session, is now coupled with the threat in the proposed regulation of enforcement by draconian penalties listed in section 9260.8; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature, speaking on behalf of all its residents, calls upon the Congress of the United States to restrain, by whatever means it considers most appropriate, this violation of its own intent and of the rights of the residents of Nevada and the other Western states under the Constitution; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage and approval.