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.
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Whereas, When section 8 of chapter 262 of the Statutes of 1866 was repealed in 1976 by section 706 of Public Law 94-579, section 701 of Public Law 94-579 also provided: "Nothing in this Act * * * shall be construed as terminating any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; 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 continue to ensure the permanent rights existing in those roads over public land that serve private property; and be it further
Resolved, That the Nevada Legislature hereby urges the Secretary of the Interior to allow for the identification of rights of way over public land in the State of Nevada through an administrative process; 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, each member of the Nevada Congressional Delegation and the Secretary of the Interior; and be it further
Resolved, That this resolution becomes effective upon passage and approval.