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Stop the Public Lands Give-Away

Right now, some Western states, counties, and off-road vehicle groups are trying to crisscross our public lands with a spider web of roads and development by seizing control of tens of thousands of miles of hiking trails, streambeds, and little-used two-tracks across our national parks, monuments, wilderness, and refuges.

Congress may vote by next week to stop this public lands give-away, when Congressman Mark Udall (D-CO) offers a proposal to close an antiquated loophole left over from a repealed 140-year old mining law.

This is a last-minute opportunity to protect vast areas of open space millions of Americans enjoy. Ask your representative today to protect America’s national parks, wildlife refuges and other special places by voting in favor of  the Udall R.S. 2477 amendment.

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Sample Letter for Campaign

Subject: Support the Udall Amendment, Stop the Public Lands Give-Away

Dear [ Decision Maker ] ,

Please support Rep. Mark Udall's amendment to the Interior Appropriations bill that will stop a massive public lands give-away.

Our national Parks, monuments, and wildlife refuges protect abundant wildlife, pure water, archeological treasures, and open space that millions of Americans enjoy.

But some Western states, counties, and off-road vehicle groups are trying to seize control of tens of thousands of miles of hiking trails, cow paths, streambeds, and little-used two-tracks across these lands and turn them into constructed highways where no roads belong.

They rely on a Civil War-era loophole known as R.S. 2477 that Congress repealed more than 40 years ago.

What's worse, the administration has adopted several policies that could give away these little-used routes to states and counties who could then pave and bulldoze roads through sensitive areas with little or no public review.

The Udall amendment would prevent the administration from implementing these policies, and protect America's special places from such harmful development.

America's public lands should stay in public hands.

Please support the Udall amendment to end the public lands give-away.

Sincerely,

Campaign Launched:
June 14, 2007


Background Information

 Earthjustice At Work

Earthjustice has long been working through the courts to protect our nation’s treasured public lands, including:

- Click here to see how Earthjustice is fighting to stop a fatally flawed right-of-way claim in Utah. 

-Utah’s claimed Weiss Highway is struck down in court with the help of Earthjustice. Click here to learn more.

- Earthjustice continues to work for the protection of Canyonlands National Park from damaging road development. Click here to learn more. 

A little known 19th century statute is threatening to crisscross your public lands with a spider web of roads and development.

We need your help to close an antiquated mining law loophole that is allowing the bulldozing and paving of thousands of miles of new roads through federal lands, and the opening of pristine areas to development and off-road vehicle use all across the West.

Over the last 30 years, some Western states, counties, and off-road vehicle groups have alleged that hiking trails, wash bottoms, streambeds, dog sled trails, and little-used two-tracks are actually constructed highways under a loophole in an 1866 law known as R.S. 2477. 

Counties and others claim tens of thousands of miles of what is now largely pristine lands in national parks, national monuments, wilderness, and national wildlife refuges. 

These states, counties, and off-road vehicle groups have tried to get the federal government to accept these claims and surrender management, and some are trying to develop these trails and routes into paved highways and/or allow off-road vehicle use. Some hope these new (so called) highways will promote mining, timber, and oil and gas development.

These claims cut through protected areas including some of America’s most iconic landscapes, such as Yosemite, Canyonlands, Denali, Zion, Bryce Canyon, and Death Valley National Parks.  For example:

  • The state of Utah submitted a map to the Interior Department in 2000, claiming that 100,000 miles of routes, including every trail in Zion National Park and routes across every designated wilderness in the state, are highways under RS 2477.
  • In California, San Bernardino County has claimed more than 5, 000 miles of highways crisscrossing public lands, including more than 2,500 miles in the Mojave National Preserve, over 700 of which are within designated wilderness. The great majority of these routes are ranch trails, cow paths, and other faint non-highway routes.
  • Moffat County, Colorado has claimed that 240 miles of trails through Dinosaur National Monument, including part of the Yampa River itself, are highways.
  • The state of Alaska has asserted 164 separate routes through 14 Alaska national parks, totaling almost 3,000 miles. A 1993 National Park Service report concluded that the impact of these claims "could be devastating."
  • Alaska also claims over 3,700 miles of potential highways and trails through 15 national wildlife refuges, including the Arctic National Wildlife Refuge. Many of these routes are nothing more than dog sled trails or old horse paths.

Clear water, abundant wildlife, captivating beauty, scientific importance, historical significance, and spiritual value are the reasons cited by Congress to protect public lands over the last century.  These resources and values are directly threatened by turning hiking trails into highways. 

What’s worse, under a new policy signed by Interior Secretary Norton last year in her waning days in office, the Administration set up a process to make it easier for states or counties to win claims to these routes and to perform landscape-changing highway maintenance and construction on public lands.  In certain cases, that maintenance and construction could directly conflict with long-standing federal protections and management decisions on Western public lands. 

What you can do

Together we can stop the administration’s public lands give-away.  Congressman Mark Udall (D-CO) will offer an amendment to the Interior Appropriations next week bill that would close this dangerous and antiquated loophole.

The Udall amendment will use Congress’s power of the purse to bar the administration from using tax dollars to approve questionable highway claims. This is a last-minute opportunity to protect vast areas of open space millions of Americans enjoy, but we need your help to make sure it passes!

Please ask your representative to support the Udall amendment today. Congress could vote on this proposal as soon as next week, so we need your help now!