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DBP4RTMBNT af the INTERIOR news release BUREAU OF LAND MANAGEMENT For Release: June 1, 1993 JuneWrona ( (202) 208-5717 > FINAL REPORT ISSUED ON RIGHTS-OF-WAY LEGISLATION Secretary of the Interior Bruce Babbitt today released a report requested by the U.S. Congress examining the impact of Revised Statute (R.S.) 2477, an 1866 law that granted rights of way for constructing public highways over public lands. Secretary Babbitt is recommending new administrative rules to bring this 19th century right-of-way law into the framework of contemporary public land management. The Secretary did not recommend any formal congressional action at this time. R.S. 2477, enacted during a period when the federal government was aggressively promoting the settlement of the West, provided a direct grant from Congress for state and local governments to build public highways on public lands with no other federal approval or documentation required. Although repealed nearly 17 years ago, the law's impact is still being felt because those highways established before 1916 were protected as valid existing rights of way. The Department will start work immediately on regulations that will provide an orderly way to explore the complicated legal and policy questions surrounding this issue. Part of the complexity stems from the fact that thousands of miles of undocumented roads were constructed across public lands in the Western United States under R.S. 2477. The majority of R.S. 2477 public highways are located on public lands administered by the Interior Department's Bureau of Land Management (BLM). The BLM is responsible for examining new claims (assertions) of highways across public lands that existed prior to 1976 and either acknowledging or denying their validity. Until the new regulations can take effect, Secretary Babbitt announced, "I've told the BLM not to process any more R.S. 2477 assertions, except where there is a demonstrated, compelling need." BLM Director Jim Baca, whose agency had the lead in preparing the report for the Department, stated, "I think this study puts an important and often misunderstood public land issue in perspective. The final report looks at the history, status, and impacts of R.S. 2477. Now we have to grapple with some very basic questions about issues such as valid existing rights and the relationship between R.S. 2477 and modem legislation." Among the objectives for this new rulemaking (a process that involves public participation) will be appropriate definitions of such statutory terms as "construction," "highways," and "public lands not reserved for public purposes." The rules will also consider recordation requirements, elements of proof for an R.S. 2477 claim, and public notification and administrative appeals processes. Copies of the fmal report will be sent later this month to all those who requested the draft report. Others may obtain a copy by contacting Ted Stephenson, BLM Utah State Office, Post Office Box 45155, Salt Lake City, Utah 84145-0155; telephone (801) 539-4100. -BLM- ~· THE SECRET.ARY OF THE INTERIOR Honorable Sidney R. Yates Chairman, Subcommittee on Interior Committee on Appropriations House of Representatives Washington, DC 20515 Dear Mr. Yates: WASHINGTON May 28, 1993 In the Conference Report on the Fiscal Year 1993 Appropriations Bill for Interior and Related Agencies, Congress directed the Department of the Interior to study the history, impacts, status, and alternatives to R.S. 2477 rights-of-way and to make sound recommendations for assessing claims. The Department understands that its recommendatioqs must take into accmtnt the intent of R.S. 2477 and the Fede!<ll Land Policy and Management Act (FLPMA), and that any proposed changes in use of valid rights-of-way u)ust be in accordance with applicable law. The Department directed the Bureau of Land Management, Utah State office, to take the lead in investigating this issue and preparing a report to Congress. Public participation was obtained in two stages. Preliminary "scoping" meetings were held in December 1992 and January 1993 in eight western cities. Over 6000 pages of public; comments were received and reviewed. These comments were instrumental in preparing the March 1993 draft report, which was circulated to approximately 4000 interested parties. Seven additional public meetings were held on the draft report and attended by nearly 400 people. Approximately 1000 pages of further comments were provided to the Department. AU comments rec.eived before May 7 were reviewed in preparation of the final report, even if received after the public comment period closed. The Department's draft report outlined five general alternatives for addressing R.S. 2477. These alternatives were intended to generate comment and discussion that would aid the Department' in making recommendations in the final· report. The comments received were beneficial in development of the recommendations that foJlow. Although R.S. 2477 was repealed in 1976 by FLPMA, a law that charted new directions for public land management, valid existing rights under R.S. 2477 at the time of repeal were protected. The final report contains extensive information about the history, status, impacts, and alternatives to R.S. 2477. It is intended to help Congress and the puqlic, as well as the Department, to understand this often misunderstdod issue and put it in perspective. I Honorable Sidney R. Yates 2 To provide sound recommendations, the Department must move beyond description and discussion. It must grapple with unresolved conflicts and must help provide· answers to several important. questions, including: what are valid existing rights, what are the proper roles of holders of those rights and the managers of the land they traverse, and what is the relationship between R.S. 2477 and the modern legislation that dictates current federal responsibilities. Some of these answers must ultimately and fmally be provided by the courts. But the Department of the Interior should be engaged in these questions, to'bring its expertise to bear on them. To this end, I have directed appropriate officials of the Department to begin work immediately on a formal rulemaking on R.S. 2477, and to publish proposed regulations promptly. The process of rulemaking will furnish a regularized process for exploring and resolving the many legal and policy questions inherent in this issue, providing ample opportunity for the public, affected states, other federal agencies, and Congress to participate. Questions that will be addressed in the rulell}aking include: * * * * * * Appropriate definitions of the statutory terms constru' ction, highways, and public . lands not reserved {or public pmposes. The respective roles of, and relationships between, federal and state Jaw in defining key terms and resolving other issues. The extent of the Department's authority and obligation to manage R.S. 2477 rights-ofway on federal lands, including whether some of the processes in FLPMA Title V might be used to channel the Department's management. Recordation requirements. The elements of proof for an R:S. 2477 claim. Public notification and administrative appeals processes. The Secretary of the Interior has broad authority to regulate the management of the public lands, but the Department will consult with Congress on whether, and the extent to which, further Congressional action is needed. Until final rules are effective, I have instructed the Bureau of Land Management to defer·any processing of R,S. 2477 assertions except Jn cases where there is a demonstrated, compelling, and immediate need to make such determinations. > 't (· Honorable Sidney R. Yates 3 The U.S.D.A. Forest Service suggests consideration of options that would preserve R.S. 2477 as a tool to maintain historic public access to federal lands across private lands. For example, Congress could provide mechanisms for assuring that R.S. 2477 rights-of-way continue to provide important public access where such access is necessary and appropriate. Such mechanisms might include federal assumption of management under temporary leaseholds or cooperative agreements. I am pleased to recommend this report to you and anticipate steady progress on resolving this issue. Sincerely, . ;!:Zff~ "'· ~I ~ryour r In.fopnation From tht! tlivlson of Congressional A,ffairs Bureau of Lantl M•m,,.~~;~ij~ *' --~ ...... __ L·~-Jl w...:--~ • U.S. Department of the Interior v Bureau of Land Management . · ;,., I ·h.' . : ' ~· '• ~ •• ;< ·ulnted states :;;;,~ . " rt'' '" .~-l;: ,. ·•);~. f' ,. June 1993 ~ !.. ~· Reporq~L,~, . On ... .:~ ~•" .' . t' . ·, • ~~ ' •'· ¥,.....1J.~;~\t~·'"" 11',- ~ :.:: i.!P'· -~,... R S 24. 77 ~~·-·'.,:· ,, .,.c-It<;:::··>:~ .. '., ·~- .ij ' ""· : Jtr'f. ..... ·•r:( :::·•' '\" • • . ' ; ., ' • ~ ' Q·~ '• _., • ' l:·'>="'"".tkH}; :_,. • ~ •- "'l.(.;•kt!o~ _t,'l!"! ~ .... • ~.J • •• _ ,.t;;~· ~-;·· w ,;...~' ,...., . ',;·· \.' >."• ;;.._." '(;~ ~~- •. .~ ~. ~f: ,'·,·;~ ~t:':i.'i.le :~- ~~ ; <t;~\i.·~·:;p.l\ .., .:;., ~: :• 'i1 -.,•<(i '.f ' ,.t -.l. ~inl'· •' -· ·"' : .. .. ~. >JI;:: '1.i:·1 ,"';) ·--~~ -~- ~ til ·:..- • "· - • ,J, ~ '0,.) ~~ 'J! I-·· {I"'..::.)£.. At ....~ -. -~"::.~ ' 1. -p ....~ ~ .._ <l 14"""'·'\';'>" ¥ ,;J -·,., ''· ., ·~ ,,<W· '"'"'•·>:'~~,. ., .. ,. - ~ Histoi1f:,ilfid. 1\J~tf~geiuent !u The f R S '2477~·~,,..?7Ji~f-~t.~,.~.il>.~".:1#:.! ... "'·-.. ~'· ... ·. 0 ' .. ~ ... .:_• ;.,... ·-~·1:-r:- 11 • • -~ - ~ ~l·-t~""'Sd$: •. , ~ .. . ":.";f..<.t.:~:~ ••. :.. r. ·; ; ~ .~ p ~~~8;~~li 'i • . ~,.. .,. , ~ 9f .• -· 0 , ... ,, ·~" . , ' Right~~P(;~Wav~Cl~uJ..~ on Federal v U.J.""J. ,.L.Ju..LJ.as -:t . ,.·,.,~_ ~-""' i1~' "', --·~~~-:v,_.,v":; f»-,.~ '<;f'mli ,_'J.. _~ · , "'; -,~A:~'!irii1.!'t.,,, . ·~·1f' .o:~~~;-ti·~il¥ ~!(~:::W~or~· . . ~· :- ; c~ ,<; r ~ .·•, l~.,s.r.~~-i~-~~ ~ ~~~l<i::J'4 i,1!; J,,··l '' ··.:, • ·, ;r<--,~~ •• r, •',:;' r :o. ·~ ..... ~~· ., ,.. J ·. .... 0 •ioi: ~~ . FRANK L. FRY, JR. 5686 MILLDAM PLACE BOISE., IDr)HD 1~::!/l.'+ E~V.lB ···.'37'l····f.)~:S9/' TO' IDAHO ELECTED OFFICIALS F~ECEIVED 93Mr..Y27 PM\2:1,9 t\EP. LARRY UI,~OSCO WASH. DC 205b Th<-:-~ ''p·t'C)po~;t.-~d l1 .. F~ .. :J.V.l9'C::. 11 , l(~)E.~d Conn·r·es~l.:~.~ 1~:;t; St:·~S!:~i<:)n,, July E~4 (l(·?!l:i.~;l(;\tiv~~~ d<':\y,, July E~) 199:1 .. , ·r·f~ad b€-~foT·.f..:o thE~ B<·?natt:-~ Commit;t;t::-~E-~ on Eni~.:OT'HY j:\ncl i"li:\'t:u·rc.\1 l:<e~i-DU't'C€~s, WII ... I... CF<E~:JTE un·t;c)ld f'i'conomie havoc within tl1e State of Idaho, and ttle other ~·ublic Domain Statesp H .. f~. HJ96 (19'31), ·the Januwr·y 1:0, 1~~93 CF<S REPOFn FCH~ CmiGF~EHS " HI GHl~f1Y f~ I GHTS OF W11Y" THE CONTf~OVEf,BY ClVEf( Cl..f.lli'IS UNJlEF< f(. S .. tf~.l+77'', <..1.nd t:h~: subr:~E~qut:-~nt: USDI 'J JvJa·rch 1'3'33 D·r·aft; F<<::·~pc)·p·t; ·l:;o Con!P'""'" "F(. S. i.~ltT7 THE HISTOF~Y AND l'lf'li•IAGEI"'IENT DF 1'~ .. <>. c!.4Tl 1'-:IGHTB···OF .. ·l4f1Y Cl...i-iii~S DN FEDEI'~f'll.. fiND OTHEI'~ l...i-iHDS'' HRE hi~lhly, ,,,nr:l delib•rately bia,; again,;t the FEDERAL. R.S. 24// GRANTS OF PUBLIC 1': I GHTB .... (JF .. ·~JAY ., br~two?en Ju 1 )' 1".6 ., 1 H6C:. anr:l Clc·to bo>·r- 26, 19"7(:.. The United ~3tate!i 110 longer has title to these statutory grants~ Thf:~ i;\bove ·r'f?fe"Pf?ne£.~d clocumentr:~ <":\rf.\\ dE-:-l:ibE:·~·pc\tE~ly mi!:i.-~labf?lE:-:od (":\nd very highly bias against tt}e ~itated purposes~ The issues discussed ARE NOT tho,;e of R.S. 24/"7, but rather very pointedly direct•d to th<-? SPECI(.lL II\ITEI=~EST Gf<OUPS w:ir:;h:in~l t;o '~lc)ck up'J, a!:; vJild(-:~·f'l"if?~::.!:) areas, all remaining federal lands and incllldin~l ttlose privately owned lands whe1·e the patents were issued SUBJECT "f() AND ENCUMBERED BY 1'<. S. c~lt// PUBLIC F<IGHTS .. ·DF· .. Wf:IY.. How m«ny t>f "l;ho''""' :imp.c,cter:l jJrivate land owner~i are advo(~ating the revocation of their public access to their privately owned lands? Wil,ierness Areas DO ACTlJAI-LY EXIST al1d an appropriate sized areas should b(·:-~ !ii-f.-:ot····a.:::.id€·~ and p·pot:ectt:~d as !:;uch .. Thf.·~ artif:i.cial c~·p(.:..\at:ion of ''l!Jild(·:·~·f'n(-:..\ss a·t~E-::oas'' "f·r·om cu·r~·r·en·bly "f'Oaclecl fe<:IE-:·~T·al lc"\nds i~; economically inappropriate and unsound ~)Llblie land management practices~ The original legislative intent that created the R .. S .. 2477 public rights--of-way !;TI~L EXISTS and stlould not be sacrificed by the majority of the American public for ttle ~benefit' fo~ the p·rivileged ff:ow .. Only a few of these special interest advocates actLlally know the definl.tl.on of th{:·~ l(·:·~!jisla"t;ivt:·~ tf.::-·r·m ''w:i.ld<·:..j·rnt:·~::;~:~··.. Tc) m<·:\ny nf thf.·~~:~f.-:> pt?opl(·?, thr~ t;t~~·pm ''wildf:·~·r·ne~s!:~'' :i.ncludt:·~::; f.lL..L.. of t:hf.-:o loci:\1 pnpuli:\t:i.on (~enters of Idaho~ inclllding the enti1•e State of Idaho as being a ''w:ild(·::O"f'rlf·:\'~:>s t:\"f'(·::O(;\'' .. For examr)le, how many people in northe~n Idaho~ oT in sollthern, OT <·:-:oa!:;tt-::-·c··n Idaho m:i. ~lh"b p·pc)pOS(·:·~ t:ha.t: thE~ 1::: .. S.. 2-'%77 public h :i. f:lhW<":\}' ·ri!~ht::~:;····<:J"f····way fo·t· h:i.Bhwayr:~ U .. B .. 9~5 and Idaho ~:;;~:; b<·:·~ i:\boli~:>h£;'d :in favor of wildeTness aTeas? It is also possible that parts of I-84'J and the other Interstate Highways in Idaho ancl other public domain states~ might be }(Jcated upon original RNS .. 2477 public rigtlts-of·W<: l.y.. ThE~s£-:o would bE-:- t:\u·l:;omc"ltical J.y ''c"\banclonecl und<·?·r th£-:> p·r·opof.>f.·~d ].(::!~i!a.l(:..t;i(Jn.. That :i.!:~ t::oxe\ctly t:hf.·:> ~~ol<·:·~ :i.nt;e·.--.t; <:)f H~ F~ .. 1~)9(:.~ (199J. /'.- ,1" 1:H::-~;;.~:;.i<Jn) .. l'he proposed legislation is 6imply that of destroying the federally granted ptlblic access for'the develo~)ment and settlement of the public domain •tate•. THIS PURPORTED R.S. 2477 ISSUE HAS NOT BEEN PROPERLY RAISED NOR ADDRESSED in the above TefeTenced publications. Th<-::- a·rt::i.'ficial c·r~t:.)c:1tion of ''w:ildt~·rne~;.'!i~ i:\'l'~:·~i:\5;.'' ir:; 'l'ept..:oc\tl~~dly 'Pc:'\ised in the above referenced reports" NumeroliS federal and state Cottrt Decisions ruling Llpon the iss;.tle of R.S" 2477 public l'ights-of-way grants, a CC)mmon factor in these De(~isions reads similar to: Gt~nE''l'!',\l p·r·:i.nc:iple:.• thi:\t; a conc:l:i.t;ion C)nce shown t;o f:·~XiE;t; i::) presume<j to continue .. Congress lacks the constitutional attthority to 11 Teclaim1 ', without payment of JUST COMPENSATION, tho•e R.S. 2477 public Tights-of-way gTants issued foT ttle expansion~ settlement and development of ttle PUBLIC DOMAIN TERRITORIES AND STATES. Payment C)f Ju~=~t Compc.;:on~:~at:ion :i.!:> t:otally :imp·r•ac·t;:ical !:>inc£·~ ·t;ht~ identity of the total number of individual pe1·sons to be compensated cannot be Teadily identified~ noT calctllated~ How do you measLlTe economic and peTsonal value of the lin-welcomed 11 i:\band onmc-?nt 11 ~J f pub 1 i c in !;l·~·t~'!:~s t;o and e ~1'1'<-:-~~=>~:> f·rnm y<:)l.I'P pe·p~;t)na 1 homf;o., f(:'\·Pm, ·t•anch.1 t:-:otc:-.? How cnuld thE~ l<:>!:>~; of t;ht;~ £~cc:>nt1m:ic industTies of this great 11atiOll continue without public access? Unt;:il d'r'i:'lft;in~l t;hi!:; cove'f' l<·:~tt;E··p, I tl:i.d nc)t ·p£~alize t;hat t;h:i~:; p·rc:>pc)St·:·~d b i 11 was ''·r·E~ad :i. n t;h f~ Sc~.;.ni:\ tE·~·· :i. n 1991.. l'~'ly i:\ ·t;tach E·~cl d ·pa ft V(·?'I'Y b"f' i (·? f '('(-?~;) p0l1!5(·? on th :i !:; P'f'D PD£>~':'1. 1 (H .. f~ u :L el':'~(:. ~.. 1.9'~) 1) Wi:\S presented to tt1e Uni·tecl States Bu·reau of Land Management at the ''Public Jvlc·?E-?t:in!~'' hf.::old in Bc:>isc-:-:o, Id,':\ho, Ap·t•:i.l 12, 19':13. t:v:i.dt·?n"l:;ly ·the required public HEARING process has NOT been annoLlnced ncr l1eld in Bc]:i.!:;£·~, Idaho~ \'1(:)'(' :i!:; the~)'/'(·:·) t:\ll)l c-:~v:icl<::-~llC€~ thoc":\t c':\dvanC£·~ no·t:icE~ !liven to the Governor nor the legislatlJ~e about the intent of the UBBL..IYI t:o C'('<-:~at;e t:he trlc~·pch l993 ''F~oUJ;Ih D·r·aft:'' .... J'tlus'l:; VJ£0 phy!a:i.c~~.~lly dest:·~'(]y 127 Y1:::t.:1f~S o'f p·roJ;J·t•c-:·)S!:>, sc-::ott.lem<·:-)n"l::'J dc.;:.vt:.~lopmt-:·~nt., and live::)!:; and l:i.VE~lihc:)()ds o'f m:i.llj.on!:; of p<-:-~oplc-:-~., ·to a·rtificially e·t'E-:-:-i.~tE-:-:o 1'-101'-i .... EXI~:;TII ... IG acldit:i.o·..-.a.l. 1'w:iJ.de·f·ness'' i:\nd ''i=~oi:"td1t:~!.:;~; 1 ' (.~·~-~~as? In my Vf?'f'Y b't' :i. t-:·~ f cJ·t•a f"b 'f'f.·)!:; pons€~, I eq ua tE·~cl -t;he f.·~conom :i. c c':\ nd pc-?'f'!:>0'•1c.1.l havoc br.·~in~J c:~·pc-::-atc·:-)cl by th:i.~; p·t'opo!.:;E-~d H .. 1=~ .. 1.(-!-)(:'jf, (1{::1'::-li) l<·?!;l:i.s>li?.tivE· p·t'DPC:)f:>al, 1:;c:) that; c·t't-:·~at:r~d by Hu·p·,~:ica·..-.e •'f.:lnd·Pt:.~w'' ~'il.cT·oss a !;mall portion Df the State FloT:ida" I honestly and thoroughly believe this <~omparison to be very conservative, both in economic impact upon the State of Idaho and the Public Domain States, and "l";hc.~ pe'r~:>onal hi:\voc be:i.n~1 c·r<~~i:\tf.·~cl upon un1:;oJ.cl m:i.llic)n!:; of individ\Aals and t11eir families. Idaho's State and local highway systems c~ould be totally destroyed by t:he p·r(::.J;aD~:>~?d unc:~<Jn!:;ti·l::ut::i.c:)nal f'AI<IJ-..1(3 of:: (j_) fc·:·~d€·~·r·a1J.y G·rant:<·?d ·r·:i.~lh't£, of public :ing·r-e~:;s 't;o c'il.nd f:.~!]'f'e"Et!:; ii\ncl f·pom.J i:\nd ~:tc·ro!:;r:;, privately owned lands, which weTe patented subject to these p·r·f~V:i.t]usly !l'f'ant:E-::-d 'f'ight~:>, (t~!) Fedc·:·~·r·ally J;~Ti:\ntt:-~d public ·t·:i~th1:;!:>R- ., '·- -------------------------------- -------------------- ·- of-way of ing·ress to and egress from, and across, the public lands IJ'f th£-~ FE·~ciE·~·pal, Si";atE-:-~., and loci:\l MDV<·:·~"l'rliH€:~nts and oth£1'1' public entities, (3) destroy the underlying public rights-of-way be11eath ou·r· state., county e:'tncf o"bhe::·l' 'local hiflhwc'y !:;y~;t:E-:-ms ... <1+> df::O!:;t·I'OY thf:~ un<ierlying public rights-of-way beneath hundred, if not thousan<is of mile5; of tt1e State of Idaho Higt)way Systems, etcM This; partial list IS NOT all inclusive. C<Jnsider the ecc)nomic impact of tt1e state and local tax bases when all C:)f t:h:i.!:; p·rivat:ely C:)Wned l.c:\nd'J i:"\ncl i"l:;s; :imp·r-ov£·?m(o:~nt~;.J losr~s; it economic value because of the loss of public rights of ingress and C·?!a'f'(·?1:;~:>.. Thc-z.~;c.? pr:i.v'"'\tc.?ly owned P"f'()pt::-·r'ti(~S would (:..utomatic·c:1lly become land-locked with absolLltely no remainin~1 economic taxable ba1;i1a .. Consider the cost and inconvenience to the 9ovarnmants during tha RE-ACUUISITION of public the historic public hi!lhway systems of the State otheT pul)lic domain States. State and local Tights-of-way for of Iclaho~ and the CmHd d ~'·r th a cost a ncl :i neonveni ence ·to tho> FEDU<nl... GOVEI'<~Ii'IENT during tha RE-ACQUISITION of destroyed historic public ingress to and egTess from Federal Lands .. l,.Jolumf?!5- of infc)Tma"':.;:i.c)n,, includ:in~1 Ft:-~dE~·r'al a11d St:ate Cou·r't deci1;i(ll1s, orl the R .. S .. 2477 Federal grants of pllblic rights-of--way issLles aTe readily available .. THE R.S. 2477 REAL. ESTATE TITLE I...EGOI...I...Y POSSED FROI'I THAT OF THE UNITED STATES TO THAT OF THE USING PUBLIC. Privata lands within the PL1blic Domain States are SUBJECT TO R~SM 2477 rights~-of-way and a·l'f" fu .,,th <?"I' l)EPEt-IDENT l.JPDN f( .. B.. E!<+7"1 "I' i!] ht;c;····of --w,,y f 0"1' ·t;h <? :i .,, <·?conom:ic e::~xir:~tf:-~nct:-~.. ThE-~ F"t:lCT o"f :it1:~ t:-~xis;te::-~ncf~ :i!:> :its factue:1J. presence upon the ground.. If the higtlway, trail, or road is theTe, then volLlmes of case law a·re available to determine whethe1' or not it ir:; a F~ .. S .. i.~'~7"7 h:i.!;lhWi~y.. 1"'1<:; othf:·~·r i~:>!:>u<-:·~, t;han its fc\ct;ual physical exi!stenc~e, is .involved in this determination" I doubt :if the USDI, or any other ODMINIBTRATIVE OGENCY, has any l~2gal s~t;andin~l to 1'aclm:inist·ra-t;ively "f'Ulf.-? 11 on thE·~ :i.$SU<~"! of t;he lt?!aal holde'f' <)f "f't:~~:~.l <.z:.r:;ti:\'t:t::- t:i.·t;lc:~ t;c) the::-~~;E~ Fed<~~·l'i:\lly !;l'l'i:\ntt-:-cl "t'C·?al property rights-of-way.. I would believe that this legal issue is properly addressed by the appropriate Courtsft ~lost landowners and the general pLlblic are being mis-treated and intimidated in and by thfi- ~·:\dminis·t;·pat:i.Vf.-~ P"''()Cf~~r:;s t":\nd ~lf:.'n£·~·rally lt":\Ck -t:h£-~ f:i.n(:\ncial and <:>th<·?"f' i nfo·pm.:~,t;i<:)n up<ln wh :ich t:o • p·t•oi.;ect th<·:-:•11\S(-?.I.Vt:~S dU"l'i nn "l";h(~~ ''aclm:i.n:i.~;t·pat::iv£-~ p·r·oct:-~~~!:~' 1 ancl to ~:~df:.~qua.tf.-~ly appeal thesE-:- adve·p£;e ''c.\clm:i.nist·ri:tt:ivf:? dc·?cision~5 11 .. Budd(-:-~nJ.y, thf.-:- C\dm:i.n:i!:;·t·P-c:"\tivr~ a!:lt·~ncy VJ<":l.n"b!:~ tc:> ~ clc:)~:>f:? o·,- abandon' hist<:)"f•ice:\lly exist:inJ;I h:igh\.oJa.ys to pacify <:)'{' c\ppea~:;.f.-~ 'l';he!:;t~ '!:;.pf.-~cic\1 in·b<-:-:··r'c.:-:-st.' ~l.f'C)Up1:;,, C:\ncl t:h<-:·~ p·p:i.vc\t:t.:landcwner ar~d otheT pllblic L\sers are loc~ted out without the ability or opportullity to exercise theiT constitutional rights" lh :i !:> ''D·r-a ·ft; l~t..:;o po·t·t 1 ' d i scussf::-?'!:~ Sect :ion 6fla <:)f FL.Pivlfl which ma nd c1"bE-~s; BL.N "t'E-~Vif.-~W ·fc)"l' EXISTING, not: i:\"Pt;:i.f:i.ci.i\lly c·r'E~i:\tE·~d., w:i.ldE-:-·rl1E~!:~s; characteristics and roadless areas" IF AN Rp Sk 247"7 HIGHWAY~ or a tlighway under any cthe·r definition EXIS"fS, the a.Tea under review <Joes l1ot, A~ID CAN ~lOT, qLlali·fy 05 a roadless or wilderness area by r· ·- ' definition, if not by ott)eT standards" I realize that many people have cthe~ idea• about HOW CAN THEY MIGHT CONSIDER A HEAVILY ROADED AI~Efi f.lS A "fWADl..EBS AF~EA", em WH.llEf(NESf:> Af(EA". Th:i!;; de>fJs; no·t equat<·?.. H<:lW many ·r·oad~;, fJ·r· m:il(o:·~~;. C)f ·r'oadm .. J (':\'f'<·? pE:~·r·mi·t;t:t:-~cl in i:\ ''F~Di:\dl<·?ss'' a·t·E-~a? I beli<·:·~Vt:·~ t.:hat thf:~ cl<-:·~finit.::ion <lf a ''W:ild£-:o·rnt:·~sr::. A.,, c"' " ·r· '"I t<:i. ·r· '"'; HH' <' .,, e a t r:> ·r-od' 1 <> c ·t t; h <> 1... !1 C K D F FW IH! S AH !) (.l NY Cl T H Ef( EVIJ)ENCE OF MAN; the~efe>~e, by d<>finition, indicating NU ROADS e>~ HIG~~WAYS or ethel' signs of man-made facilities exist~ Th <·? Un :i. t:c·?d St:a t<~;~~:; ·r·<·:~t:a i n~?d rigtlts-of-way as tt1at cf landownE-?'f'!:i.hip'J (~~) a mr1mbe·p appu~tenant landownership, its US(~-!' of th'~'se 1:~ .. S.. 2't 17 publ :i<::( 1) an individual, (2) individual of the ge}1e~al public, (4) at)Lltting and < ~:.; > f.d:;c .. The fecleral and state Courts, without exception, t~ave ruled that the United States granted, dedicateci'J acquiesced, reserved from the public <j<Jmain, and by other means p1•ovided by State Statutes, the real proJ)erty ri~1t1ts of public rights--of-way.. In othe~ words, the United States deliberately erlcumbe~ed its public domain lands with a dominate estate public rights-of-ways <R .. SM 2477). Therefore, if the United States NOW wishes to control the public's use of these yranted and dedicate<i public rights-of--way, the United States must offer just compensation to a11 tlnknown, but very large, numbers <Jf landowners and the general ptlblic~ Th<·:~ 11 D·rc'\ ft.: f( E·~ p (;) '(' ·t; II to"t;c\11>' fa:i.l!:> 't;n right1; and interests of ott1er Fecleral h :i !]hW<':\Y 1:\utho·pi t:i.(·:~~o., -t:o i n~J'PE~s~:. t<:) 1 <':\11d 0Wll(·~'f'!5h :i p~:;. .. add 'Pf:~ss ·t;h e ·r<-:~a 1 p·ro p€-~·r·ty ~~~Jenc:i.£-:o'!:;-s St(·:-..t(·:·~ and l<:)c,':\1 ancl egress from their ThE.' ••n·r·.c:\ft l=<e:~'po·pt•• ct:,·r··t'E-::•ct:ly J.de-~nt;if:i.f~f:i. ·l·;h€·~ ·r·t·:·~i:'\1 p·t·ohlE·~m of lack of :in'fo·r·mc:\'l:::i.on.. A1::. I undt~·t·s~tc\nr.l f·pom ot:hF.~'t' pe1oplE-!', includ:in~1 StatE~ land n1anagement offic~ials, that the public hearing or other methods of d:i.s;p€-!-TS:.inn :i.nfo·t·mai::ion t;o C'f'f..~ilt:t::·~ t;his 11 D'f'l':\ft r~r~po·r·t 11 , ·t::hE-:~ Stat;<·:·~ Agencies and the general pllblic are even i·IOR£ conflAsedu 1·1ow does this l'eport, if discussed at all, address the protection of tt1e historically existing Ru S" 2477 public rights C)f in~1·ess; to and eg1·ess f~om ttle several and collec~tive private land owne·rs who have historically 1·elied upc,n R. S .. 2477 for ingress to and eg1•ess from there properties ac~oss the private properties of nLlmeroLlS in<jividual an(j c<Jllective land owners. There exists 127 years of case law whictl has been established upon the use of an<1 creati<Jl1 of public rights-of-way under U" S" 2477 .. Such his·to1•ic public ingTess to and eg·ress fTom fede·ral and st~te public land• ARE ALSO DEPENDENT UPOH R. S. 2417 PUBLIC RIGHI'S-OFWRY. ~~s a Right-of-way Specialist for the Boise National Forest~ Ug S~ Forest Se1•vice, I met with the State Offi<~e of the LJ" Sk BureaLl of Land l''lana~Jf:~mf£ol1t t;o ' 1 i:\!:~s~£.:O'I'"t;'' th<-:-:- 1:~~ B .. (:.!.477 public:· 'f'ights .... of .... vJay across federal larlds manar1ed t)y the Forest Se1•vice and ttle adjacent lal1(1s managed by the BureaLl of Land Management" I woT~ted with tt)e loca 1 i:\ nd Stat<-:~ Df fi C~(':·,!::. b(·:~cau~::.<·':~ th 1::~ 11 .c"\SSE-!''f''t; ion 11 , <:\ 't;t~·pm I nt-:~v,.;-:-·p h <-?a ·pd C) f unt i 1 th <0 i ~:;.~:;.ua.nc(·? o "f 'bh is F~Dl.lfl h l)·r·a ft ••, C1'o~:~~=>ecl sev<·?"f'i:\ 1 BL .. M DistTict boundaries~ ~. '· ·-411 ThE~ 11 a~:;~:>f?rt;ion 11 I fil~?d compli<::~d w:i.t;h thE-~ !:;p<::~c-if:ic ·tf?"f'nl!:~ e:"\ncl requireme11ts of f"LPMA and tt1e na·tio11al Coopel·ative Agreemen·t between the Fc"('est Service and tt1e BLMb 1"he State Office of BL~I offici~-.. 11 y ace·<·? ptt?d, a pp·rov<-?d., not;ed <:ln its ·r·eco·r·d ~:;, ~~~t:c .. , everything necessary for the valiclation of these RhSn 2477 11 c":\SSf?·r·tion~:~ 11 .. To my know1f::d~JE~.J t;h<·:-~ Bo:i.~:~E· 1"-la"l:;:i.c;nal Ft)T·es;"t; im. ·the only 1'-le:"\tional Fo·r'e!:>t t:c; filE-~ j":"\ Fo·t·t~!:;·(:;-··vJ:i.de 11 i:\S!:~~:-?·t•t:ion'' in<::-lud:i.n~l 1\1,-:~ot:ional Fo·pf.:o!:~-t-; and adjacent BLM managed lands" Seve"('al years later, a new person at the District or Area Office o·f BLi·l., ~Anilaterally~ and a·rbit·r,:n·:Lly df:-d.r.~·ted all of ·tiH? 11 at~Sf:.~·ptions" approvt:~cl by thE:• St:at.:t.:;o OffiC(\\~'J i:\C"f"C)!:~!;~ BLIYI mc':\na~Jed lc:"tncl!:>~ ''beCiiU~:;t:-:r t:hE:~S€-~ lE!]i:\lly P"l'f:·~p~""I.T'E~cl., submitted a11d officially aJlproved assertions were now in conflict wi"t;h i:\pplicat;ion!:~ fo·p p'l'ivate ea~::.E·IY•£-?nt: ac·ross t.:hf:~ F.<Lt-1 mc':\ni:"\~lt\'d land~:;.. Tht:-~ ·rat.:i<Jnalt:-~ i:tppea·r·E-~cl to be t'hat: i"f tht-:z F.il...lrJ we·r·£-~ to continue to r€·~CD!Il"liZE' ·th<·:-.' l.)"f'i~J:inc"\1ly r:>ubmitt:c::\d ''a!';m.£:'·r~-t::ic)n!i> 1 ' by t;hr.~ FO"i'€!5-t BI-?"('V:i.Cf.:O FLPMA c~eat:ed a cut-off date as o"f the date of F~L.PMA's enactment" Th:i.!:; i!:> i:'llso ·t;he Df'fic:ii:\lly <~·~nacted SUI'-IBET I::.:UL.E.. Case li':\W,s a!::. l'elate<j to Fede1•al Lands, State and athe·r State Agencies, A~ll) MORE IM~1 0RTANT PRIVATE L"ANDS, has been createcl over the past one t1undred and thirty !SCJme years~ I·t :i.!:; :i.mpc)ssibl<-:-~ "l";D :insu·t'€1 t:hc':\t.: incliviclu<:\l li:\nd C)WnE:>"f'!:; w:i.ll b<-? given adeqLlate advance info·rmation 1'0 MEET A NEW St.JI~SET CL.AlJSE. Indl.vidui:tl l~;.nd <:)wn<~-~-,~c,:; DO 1\IOT kno1..v of ·bh<~~!:>f:~ t:·,·an!:~i:\et;:ions ur.t::i.l anoth<~"f' land <JVJ\l(·?·r 11 1...ockc;;; ·t;hE?m ou1·; 1 ' o"f ·t;ht~:i.·t~ h<:~mf~~~. Th<·:·~ Ft~df.::>'t•al Government has tl1e funds and expertise to ·take legal action, but ~arely does, agair)st a new land owne1' who locks out pttblic ingress to and egress from its landsu Most p·rivate land owners lac~( the funds and expertise for a legal action~ therefore causing them to have thei·r ~)roperty valtte reduced to ze1·o, yet the State any L_ocal Agencies assess taxes at: the value of p·roperty with p11blic ingress to i:\l1d enreSS frDm ttleSe lOC~(-OUt propertiesN Th :i !::. ' 1 D·t~i:\ ·ft F~.-.:-~ po·pt: ' 1 d DE·s not i:td d ·r•t::.~~;s t;h e d i "f f e·l'<-:-~r-.c~f:~ bf:.~t;we€·~n t;h e hi!;tol'ically existing F~.Sq 2477 highways crcssin~1 private larlds to oth(-?"f' p·P:ivat;E-:r land!:~.s nc)·p a<:~·t·oss f<~tl€~-~·t'al l,·;~.nds to P'f'iv,:tt:f.-~ li:\ncls., 1-::"!l::C" ThiE> 11 l)"f'i:"\ft: F~e.. p!:)·r·t•• on h:i!:;·t;o·f':i.c F~ .. S .. 2'•77 ~1-''c':\n·t;£-:rcl public r.i~lhts~-of-.. way is ~1rossly mis--leadingft RuSu 2477 case law has been developed ove~ tt)e period of 127 YEARS, involving hundreds, if not tt1ousands, of judi<:ial decisions (both Federal and State) imphcting numerous :i.ndiv:i.duc:\1!:; :in t-:·~ach dt-:~c:i.~:;:i.on, y(-:-~t; t;h<-:-~ ~":'l.ut:ho·''!:; of t;hi!:; 1'DTaft l::.:~?po·r·t•' ·r<-?ly up<:~n a s:i.nfll£-~ !:;t,:t"t;<-?.>mf.·~nt; ext:·t'c:\t:-tt-:ocl.) t)llt of cont:t-.::-xi::, from fourteen (14) very carefully and deliberately selected CoL1rt Decisions~ l'hese careft1lly selected fotL·rt:een (14) cases do-in-fact fully !:'>Uppc)"f't: th~-:.~ D"t':i~J:i.ni:\1 l€~~1:i.!:;l,-:lt:ive :i.ntE·····.t of tht-i:t ft-:.;.dE!''Pal Con ..:"'""" ~ ~~ (f~f(Y.. JF<) '(;! - L::• .J ., - [13..8. N 1Lh_J:J3.Y_._ . ..llh. ;?_t-ar; J:Lf u .. P..B.l'L P u~ <;;_t;;; Ji! 0 I .tlh ... I D A H 0 ___ 8 :3 "ll'.t i:l0 §.::·a 'Z..Z.::.:Qli2:Z. COMMENTS ON USDI R. S. 2477 DRAFT REPORT TO CONGRESS [1 A R CJL1.:~.2J. It is obvioLU5 de pendent u p<)n pE-?'I"'Sona 1 h om<::-~s. that F~ .. B .. ·t::h e au ·th O'I"'S <~'•"1'7 public (.1f thi$ D·l"'aft F~E.1 po·rt a·l"'£~ no-t: -l"'ights·--of-w(,;,y to a(:-C(-?ss ·t:hei·r This report in reality was not prepared as a basis for selecting from the sev£~-l"'a 1 ·r·c:-~C(JmmE~ncl cd:.: ions, but w~·:vr:; s peci fica 11 y w·ri tten and pTepaTed to justify the PRESELECTED alteTnative. Question: What do you call a roadless a~ea with 200 miles of roads? Anr:;w(-?'1"': A wil<ier11ess- stu1Jid! Duplication h(·:-~·t'f.~:i.n :i.s~ cle::-~libe::-~~<:'\tf.-~ fo·r· adcl·rc)s~c::;in£1 s:i.miJ.,;\·r issues bei11g add~esse(j., Thes;E~ commE.1n·ts consicle::-~·r thE~ definition Df "highway 11 to nH?c'"tn cl.ny ~·:\nd all ••public way!:;••., as dc:~fined in Blacks l_aw Dict;iona·ry. l=~oe:\CI., t·rails., pentways., •'p·rivat(-? ·poads"., and othe·r te·l"'ms US(-?d to de-fine 11 a public way"., a·r£-~ consicle·reHI to be va·l"':iC)U~; const·ruction standa·rcfs used for the construction of public highways. At the time of the passage of RMS. 2477., in 1866, the existing highways ac~oss federal LtlYrese·rv(·?d public land~=- W(·?'l"'f? "Indian T·l"'ai ls". I thcnq1ht, that clu·r~ing ·the ·p£~C£·:orl·t -national <llld local c,:-~l:ections, that the c:i.t:izen~:) and t;hE~:i.·r <·2'1E-H:~ted officials) wc:~-rt·:·} Llnanimously mandating cha11ge :i.n gove~nment p~oceedings a11d regulatio11. The "D'I"'c'\ft Repo·rt 11 co·r·rE.~ctly identifj_E:~s the th<e of l,,ck of publ:i.c info·rmation. Th<» collecting and dispe~sing info-rnlation to created even MOI~E a11d adver!5e confusionM ·r·ea 1 p·ro b J. em met:h ocJ S) LlSE.:Ocl c:·Pec'"tt£-~ 'l';his a~; bein~J f o·r 'the F~e pc)·rt, The o·ri~linal ~rr,'i\nt., wh,':\t;E-~ve::~-1"' may be its fo·r·m., i~) 'l';h(·? fi·r~;·t link in ·the chain of title., and wheneve::-~-1"' p·l"'actic,':\blf::- should constitute the initial item of the abst~act, as the basis upon wl1ich all after--acqtli~ed titles and derivative inte~ests ~est. Abstracts and <Chicago Bas) Title to 1954, P .. 14 F~ <::-~a J. P·rc>pe·rty by Logan D. Fitch The purpose of the congressional gr~nt OT dedication is to enable the public to acquire a roadway over public lands. The me·th od by which the 'f"'tJ(,;dway is ttJ b.:? <~!=-tab 1 ish (~d is not specified; and it must be held, therefore, that the Congress intended that any acts by which th£~ public migh't; c:\cqui·re a public Toadway oveT private property, other than by puTchase, would be sufficient to constitute an acceptance of this gTant o·r dedic:a.tion.. It is then a ·pule., ·l"'eco~p1izecl by the Land DepaTtment and by the Supreme CouTt of the United States, that 1. ·. wh enevf~·r i:t ~rra n"t: of dedi cat i c)n is ace<·~ pt:E·~d, ~;uch acce pta neE·~ relates bac~~ to tl1e date <Jf the grant or dedication, and any one who takes the la~cl after the acceptance of tt~e donation does so subject to the right which the public has acquired. These pri11ciples are well established. Wallowa County v. Wade, 43 OR 253, 72 Pac. 793 Smith v. Mitchell, 21 WASH 536, 58 Pac. 667, 75 Am. St. Rap. 858 Walls v. Pennington County, 2 S.D. 1, 48 N.W. 305, 39 Am. St. 1::: (•? p N "7 ~5 \ij McRose v. Bottyar, 81 CAL 122, 22 Pac 303 Streeter v. Stalnaker, 61 NEB 205, 85 N.W~ 47 The most cost effective alternative is the management of R.S. 2477 as set out in 126 years of case law, including the protection under FLPMA; a11d manageme11t of R.S. 2477 under FLPMA as set out in the present statues and pertine11t regulatio11s. This !haft 1~.s. 2'•'77, iSSLH? of vJ i ld f.·~·rn<-?s~::. Th i ;; D·r,, ft; to FL S .. hi!~hways, 19/(:,. F~e po·rt: :is pu·r po·rt.;:.~cll y cl :i. ·recttHI tow a ·rd s man,':\ g f~ment of while in reality it is about another special inte~est the a~tificial c~eation of so-called roadles;s and 1.\·r·ea!::. .. Report is grossly deficient in its contents, as related 2477 public rights-of-way for the constrllction of JJhysically, or otherwise, created PRIOR to Octobe~ 26, This ·repo·rt.: e"\clcf·re'!:;sEHi- F~ .. S.. 2't77 as "a centu·ry old (ill'f(-?'r·ring ob~:i-<Jl<·?·te) statutE·~··.. While 1:-..: .. f:i. 2477 o·ri~JinatE-~d as section 8 of ·the Ret of July 26, 1866, R.S. 2477 has bean fully validated under the Federal Land Policy and Management Act of Octobe~ 26, 1976 as being an impo·r·l::c.-l.nt pa·rt of- ·btre Fede·ral- Land Jtf-ancqJenH:·nlt Polic:i.E.\S and Practices of tl1e lJ11ited ~5tates. FLPI1A specifically validates and acce~)ts ALL EXISTING R.S .. 2477 rights-of-way, whether or not made (Jf public record, as a part of the federal land management policies and practices of BLI1 and other federal land ma11agement agencies .. EACH R.S. 2477 CASE MUST BE TREATED ON ITS OWN MERITS, and not by a b~oad stro~te actio\1 to artificially c~eate thi11gs wl1ich did not exist as of the effective date of FLPMA. FL_PMA's specific intent was to continue manage R .. S" 2477 rights-of-way whic:h exj.sted as of it~:; 0~ffective date; whilt~ di·r<·::-cting the mani:\~jement policy of inventorying the Roadless and Wilderness a~eas as they existed as of its effective date. Tha Burr Trail decision, SIERRA CLUB v. HODEL, 848 F. 2d 1068 (10th Ci·r. 1988), ve·ry ;;peci.ficall.y show,;; to viablE! ,~nd p-rope·r FLPMR manageme11t of 1~ .. 8. 2477 in connection with subseqLlently created WAS AI~ERS. Gene·ral p·rincipl€·~ tha·l:: a conditicn1 once shown tc) t~xist i~ipresumed to continue. Central Pacific R. R. v~ Alameda County, 284 U.SN 463 (1932); ~:.)2 B. Ct .. 225; '76 L. Ed .. 402 Ba·rnes v. Fwbe·rt;son, 156 IOWA 730; 137 N. w. 1018 EtfliC'kwith v .. Whalen, E..5 N .. Y 322 Eklon v. Chelsea, 223 MASS 213; 111 N. E. 866 ,,_, •, Taeger v. Riepe, 90 IOWA 484; 57 N. W. 1125 Oyster Bay vN Stehli, 169 AppN Div. 257; 154 N. Y. Supp. 849 Broder v. Natoma Water & Min Co., 25 L. ED 790; 101 U.S. 274 Okanogan Co. v. Cheetham, 80 P" ~62 Historical condition leading to enac:tment of 43 USC 932. Anderson v. Richards, 608 P. 2d 1096 CNEV 1980) Central Pacific R. R. v. Alameda County, 284 U.S. 463 <1932); 52 S. Ct. 225; 76 L_u Ed. 402 Flint & Pere Marquette R/R Co. v. Gordon, 41 MICH 420; 2 N.W. 648 (1879) TtH-;:> Fc::-!-ciE~T'c"\1 Govf.Yf"nme::~nt: ha~) i"E;Slt<::~cl thousands, if not millions, (Jf Land r~atents, subject to the encumbrance or the appurtenance of R. S. 2'f77 public ·rights-·o"f-·way easemen·t!:>, which subr;i.equE~ntly have bee11 subdivided into smaller parcels and which are: 1. Subject to the pre-axisting R.S. 2477 public right-ofway grants crc,ssing the area patented, as existin~l dominate estates, the ~)atented area being the subservient estate being e11cumbered IJy the Federal Grant .. 2n InclLlding all the real estate rights and interests of: (.~.) th(·? -c.~ppu·rtent.1.nt: land OWlH?·r, BN> the abutting land owner, C.> tl1e subservient estate lan(j owner~ D .. ) all (J'the·r ·ri~1hts and in·te·re·~~;t£; <Jf ing·rE~ss 'l:.:o and egress from their property as available to the individtlal and several owners of real llroperty. At the same time of granting R .. S .. 2477 right-of-way and/or issuing th (-E< 1 and patent, tta-;;o Fed e·ra-1 · Gov.:~·rnment 'f"i:·~tai ned its;· ·r-ea 1 ·<-::-~:;··tate ·rigl1ts and interests of: Including all the ·r-eal estate rights and intere~;ts of: A.> the appurtena11t land owner, B .. > thE~ ctbuttin~r lc:1llcl ownE·~·r, C.) the s~bservie11t estate la11d owner, D .. ) all otl·u?·r ·ri~jhts and ill't:e~·r-E:·~st~; of in~rf'e~~-;~; ·to and egress from their property as available to the individual and several owners of real property, and, E .. ) ·r-i£rht <Jf <-?minE·~nt dc)IUclin to ·reacqui·f'f.~ any and all ·real p·rope·pty i ntE~'f'E~sts neeciE~cl 'f<J'r the gc)od of the !~r~nf.H'al public .. Doing anything, other than the status quo, is to create state-wide economic, and individual, havoc of major proportions. The adverse land in!~'f'f.iiS~:; and E'tP'<·?S!:l land manc'\tlf?nlf.·~nt impa.c'l:; upon p·rivate 1':\lld public lands could <=~xce:~ecl, by huncl·ped~; en· even thou:)a.ncls times ove·t·, the ntunbe'f'·s of individuals and economic impact of thc:d:: c·r(-?at<·?d by Hu·r·ricanf:? ''And·re-?w''.. Ecc)nomic los~; C<:)ulcl f.·?aE;ily excE·?ecl'.l multiples by hundreds or even thousands times over, the economic los~:; caus<·::od by Hu·r·rict:\ne "And·rew" .. The 12 years statute of limitations ocl sovereign immunity relates to the United States taking possession of real property from public o·r p·c-iVt.1.te individual~;. This statu·te:~ (J'f limitations apply ONLY when the F <-?d (~·ra 1 Gov<·?·r-nment active 1 y d emonst·ra t<-?S 12 ye-c.'\·rs of 3 ----------------------------------------------, For full document, please contact Boise State University I Albertsons Library Special Collections and Archives 1910 University Dr. Boise, ID 83725-1430 firstname.lastname@example.com, 208-426-3958 .__:_ .. ~,. TES'l'IMONY BEFORE THE HOUSE OF REPRESENTATIVES . ,x._\'J\:..V SUB COMMITTEE ON ~~t_.C '\iMJTIONAL PARKS, FORESTS AND PUBLIC LANDS . :\ \ '-1 ~"' .... 1,.,9_.~Jm CONGRESS OF 'DHE UNITED STAT-ES e;?J "'~ )>.'?Slv BY RJ:.~'{ \..?()S\S PETE T. CENARRUSA '(<.t\'~~s\\· \\u--~..._ SECRETARY OF STATE STA'I'E CAPITOL BOISE, IDAHO MAY 18,1993 10:00 A.M. Mr. Chairman and member of the Committee on National Parks Forest and Public Lands. Thank you for the opportunity to make this presentation with respect to H.R. 1603. The State of Idaho recognizes that ,exil;lting f~d.ez:~lJl!nd .rights J tb.f..W.ay:ar.e.·!'l.xt~y::i;n;tpQr.t..atit tll atl..Df tdah.o'$ citizerftf: In addition as a ~:JEber-of t.h. e- State Board of ~~J?.d C<;>Pl.tni~jpne.@>, ... -- -., .... -- ' I can say that it is important to the State of Idaho and to the school children of the State of Idaho tCJsQIUply With t:O.!il f3tl;!te @o!!§tilutien' which provides a mandate to acquire the maximum amount of financial gain for the public school endowment and other institutional endowments. Therefore it j~_i:rg_Eo!tant tp.at ~ta·te ·land~b;;:ty_e P.JJ..hlic:'£;l..£.~ess.in .tlie.case. of land.lo~k.e_<iiso-l_?.tedW. l!!:£~U" .of:S.tate:la:nds. Two-thirds of Idaho's land is y_n<:J.er CQ!ltl'!>l of the federal government and access to such federal lands is integral to public use. 1 . . ~ The Idaho Department of Land~anages over two and one-half million acres of surface ownership of State trust lands with~he State of Idaho. Much of the State ownership is now or has been intermingled withlederal .. nds. Primary uses of the land include livestock grazing, timber harvesting, mining, and recreational activities. State lands are open to the public for general recreational uses. The State of Idaho sells endowment lands from time to time and w.itlw.!lt 'l!cc:e~ar they have very little value. Obviously, ~~~stgte· t:rus:t..larfdbLQf..:w;j.w_a!Y i!PP£!]-"tan~J ttr.tlre:-.Sf"a~ and our lessees and prospective buyers. IJ.t:~31.7~7.:iigh1 8 .of."W.ay.s-araan~ihip.i.Il':tant_ @.ti.ialid.metnoc];of. t§.~111"ilig . .fhat::lkcea:s:..i.rr. §..Q.m~ £.l}s es .. Federal actions regarding R.S. 24 77 can have a significant impact regarding management of4ate lands and their resources. We urge Congress to fttk:~::Q.£U.!cti0l1 tha.Lw.otild limit'tlie.stat.!J,::. - J~ it.h'.ei.r l_es~s, ~ !l}e p':_lbl~cj; _?P.P_ortJ:Ip.i_t;y..t9. access.ftate.lands. _ We request that we be heard regarding any legislation which may diminish the management of state lands for the purposes they were intended. 2 • The J::g:ano:Legislature recognizes the necessity for Jl: ~~l.i:ahU;tg:~r.p.It5te.dufa.foddentifYi:hg.:land_coiifirini"iig.::the. existe~O"Qrr.e:Y"i!wsl:JL.es.ta.b!i.s.lwl. ~:ml::rightfi .Qf_ vy_a_y, to pibtet.t..i;hoS£Lf:ights.p:r:ev.iousLy_gran tetl-£5-and- vested in. the. Ccitizeil.S~f"i<ta-h"<>";' My principle concern with H.B. 1603 is that @.t 12~ts.fili,ng -~ ~7J...riglitS...o£w-a:y en ·J an-uaey..1,-1994.,, This doeS. fii>t:"gi:v-.e.J ~la.of IdanoJ~nough:fimairi.wh:i.~h .tb make_suchJililf"gs.~{!! g.!!Y."Qf_Q.Ut".f.OadS:ar.e. s.ti1Lsnb1\c ~o~ll-iut!i:n.Qt vi~;~:i:bje. A group of citizens representing the Idlalm..Legislatu:re, the iBlue:Rioboii.Coalition, an Advocate of Public access roads and Natural Resource Development & Conservation, rt;]!aFa:rni !EfU.F:eait'jJN atural Resources representatives, G:ffi:s&n>ots for. . ......... ' 1 l' '}-¥.- Multiple Use, ~:p.d_my--of-f-ic,:~·have filed for the record, l:l.JJ..am.~n<l~~ , ' tversioii...Of.M.R. -1~03-:iharketl EXhibit No.--i. We hope that your / committee will favorably consider the amended version. J;ffit' • ;( • Sotl:'!most we-favor-sta-tes'' a~dminist:r:atlon.by State. law. 1 The 52nd Session of the Idaho Legislature enacted H:B....388 into law March 25, 1993, signe..ctoy:.'GO;yerrior..C.e!ill.:D..-.Alldr.us":'' The past Idaho Legislature, not only passed statutory legislation, it also approved a memorial to congress which I have submitted for the record. 3 ~ ... H.B. 388 is marked Exhibt No. 2 and H""ailse.Joint Memorial · N~wJ!rke.d.Exhibit.:Nn~-3:nei=ewitW. The statutory legislation defines "Federal land rights of way" within the context of revised statute 2477. The statutory language fiP.§gkS'"t.Q.·the~method of abandonment. :::-- ..... -- - "" ... - -- - of such roads or rights of way. New state law also spells out the ttn:m.hmt:of t:~Gor.dat.io:rf_ apsJ. ~ckJ.lq,w.l~l;!g_ewttiJ.t.Qf R:s::247'7'-roaas j within the State of Idaho. Since the issue is primarily one of state's rights, the Idaho Legislature urges congress to recognize the legislation as such in H.B. 388 of the 52nd Idaho Legislature. Therefore Vie in.ldJilnr.P.r~.ftlt:Srates-rights.wJ.th.respect .to/ rr-cmds-~nq.rtgb,ts·of-wy;administered by State law rather than Congressional Legislation as proposed in H.R. 1603. I have submitted for the record more detailed testimony. I thank you very much for this opportunity to appear before this ~l!§j; ~tti:LComrrnrt.~9fthe 103rd Congress. To continue on with my testimony I herewith submit to the Sul:(Committee testimony in the words of Mr. Phillip Nisbet from"Grassroots for Multiple Use" who serves on our Ad Hoc committee. 4 •• "For the record, I am submitting additional testimony. I have reviewed the proposal by Congressman Bruce Vento on H.R. 1603 with respect to H.R. 2477 Rights of Way. Please consider the following: 1. Tliai.SS:UB-isi)r-imarili<me..O£.State's..rights."1 a. H.R. 1603 attempts to impose an abandonment procedure for roads and rights of way-involved in intra state travel. The US Constitution is quite specific in delegating only the right to regulatetil).l.et.~state.iravel within the federal venue. Travel t - t11m!t:rntl..t.O.the.j.:U:i'iS.di.Ct1onal·boundaFies-ef-a-sta teJ.las· li:e~!lJ @"ew.eq ~~- ~ta.-~e's:rigJ:.Wand has only been restricted by the courts where individual rights might be involved. The current issue is not related to individual rights, but rather is one in which )( .... • the federal government seeks to impose its collective will against the rights of individuals and the various public lands states. b. !Rtg}lta"ofN8¥-are.pr.oiJ.e:r:t:JL.n"ghts, Existing federal law does not leave the federal govemment much latitude for acting as a repository ofland ownership information. 5 Jt..~) _.-..- ~Iie...Ciosing=ef.-th.e "federal.:gQv.e/m,nfs-Gena::ru":Land: , r 0ffi:¢es1 the states and·c,;QJ.t.l!:llil§-lu:rfe.:l>ll-~11-.tbe plru.:Etfor- -. c::e_2:r:.Y;gj1ori. of titles to pro-p-e-?-(-0' "origr:e"S'S.:d:i:rected:t~e-~~rious land managing agenci~s'at that tim...'..;..). o place all records with ~ -- -- state and local government. The sole remaining exception has been mining claim information, which has been properly viewed as a;:p~sio:b::ab property right within the sf>l1t..estate; subject to annual requirements which if not fulfilled retum the grant of mineral ownership to the grantor. R8:2.477 .rights...ofW.ay . .have...no: J Cl?~evt_si_~p.j~.l: O)VJ)-!il.tShip..feqnii':emenfs and @1'!-Y A~ ,consider.ed.to.:b.a .: c_per.:ffi'ltua:lt as 11-r.e: fue..§.imiU"e...11.i:b."{Jert:¥- rignts .. .!_Uh:e f~d.~If\t:: cgb'li€n~iii:nenF1:n fen<fs.-ta-entef.. :tlie 15usiness- ef'ree~rd'ing-all:~ t:Q!YJrol'B'hips:::Il'i.:pi::opeH:rt th~ ~~adi.t!o:r;u:~l- wo:r:k o_f county . 1 ctoy~rp.Pltl'Ilt, it must first rs:e.t:up.a..leg:iil-:fra:fuework detihe.atj.v.g.it§.. J rl.!'l_g~l-r;.e_snQns.ibiliJ;ies.i!,rtfl.~-~ea:.t The current \[ento· BilLdoes..not. ~cl.ll}l..SllCh~an aglfucy-or.:.gme'.any .cons.traint. t~.the-B£19.1:--as ·to~itsr- r~s_pQ_~iP.Ui1A~J3 .:(QI th€l·:m:~inteua.nc_g_ 2fthef?e pro12erty recor<!~ . ..., other then the requirement that they be filed and acknowledge or denied. This is an area best left to the states and counties. 6 '~ c. Congressman Vento's Bill gt§.rf!ga:t:ds:federaU~Wfwh~<ili tarulJ!iftc_?ijy -st~!_t~§_ th.i;!.t. th e:feder.al.g.O.JLet:iilllllrtt: s. ;lgenci.'M ·;mE.: c:rgerrts will be bound by the laws both civil and criminal of the jurisdiction in which their property holdings occur. ;I'!?:~J:l',W".e uwhez:ship_ofl~tnd.J>y.the.rederlil gmrE!nm:tSl:Q.t pas pet t aet:;p.:E9_nside.r.-ed. t<i exe"mptit .from 7fol-lowing-tlie.law.s...o£1\!c:ab .. government& with regards to·4jgl}.;yJ!y§:;:COunty' and.st~te L ... ~- -.. ~ r ~~e=~~~-nt~:c~n s_et the.sp:eea·:At which vehicles will be allowed to travel, the weight and safety requirements for movement on highway and the standards of highway maintenance. 'ir.he-fecler-a1 rr ~o_::e!nment~~~ul~~~n~e~:.a Ji~~~r~a-0:-authet-l.~y undet..flre ' . . • / . c.n.m.wSllltv.entu1egJ.s1atwn,.W.J.tn-ili.e I'l.ght.to..<fenne-wb.at-a-read·:tS· J l (.@Q.:"tQ·JY.h.gLstgnda_rg"§_i.f.m..J.I..:s.Lb:f: SQll,!'t:tl:Y«..t~d _t9;:.b_~ £21l§ideresla; ... ~ t:r..Oaa! :C::til'"Bl"ntly..ma.tters for:state:an"thotit;y-l The example of the ( 55 mph speed limit is i:qstructive. In that case, the federal government wished to impose a standard for fuel and safety on "•4-/··\~ state and county highways, but lacked the legal means of doing /')!, <. so. By applying the pressure of restriction of highway funds for l ; those states which refused to impose th,e new limit, the federal· ' t government forced all states into compliance. This.Jegislation \~oi}~'Qe.x,o.nd .simple funding .hl~~k1J;tait' 7 Under Vento's plan the st!il.t~:_~!!t tQ r~gyJate.itS.."hig.hway (~s:tem_will.J:>enbfia since the federal government will define the conditions of use. Thi~ m~U..alao_effecf.e'fher--areas:;and ®.t:~L tp:r:m;ed.~ce for federal actions on highways, such as, the safety~ r·t~ye.Landf'<&etghf.requirements/for the transportation of,'foxic, ~p~m-i~nll' other federally generatedcwM.teS within a state's ·borders. 2. The proposed legislation is a direct as&ault on ownership of property and attempts to exchange the court's authority in the area of eminent domain with administrative rule. l:h~~.rigl;!ts·~.f !:'Y.!!Y.:)'Ll:!r.e· gt.anted:to. ilie -gf:meFai pubJ..:l.e -upoii:. th'eil:.iriltial ~o:u:.s.tr.uction:and:t!l.ll_t:..~t:ar.go::v.effimen t:ia-.on:ly: th:e::se:r.lfient-7 t:::e~t!tteo:wiier"J Under the Vento Bill, the owner of the servient estate, the federal government, would have the ability to set up a procedure for determining if adverse claimants to its property were legitimate. This traditional judicial right would be usurped,. allowing one of the combatants in the legal proceeding to be the l judge and jury in the matter of who owns what. 'F.his...lra:!:l-b"een .,...)(' tpropg_sei. i-n Qrde.r to :;i.Y9i"<t·.haYing t.o.fulfilLs"'ta'i'fuard emihe:ritl • 8 . •. • The federal government has ample recourse at present and doesn't need to break down our system of checks and balances simply to avoid a few court costs . .,. ~., .;:.". ' 3. The :tt@iQr_r~.a§qn .:(or tbi§J.f:lgislation ·a.nd its strongest ~~ "'\ (I backers are tlro'Se:w.lio'.advocate wilderness· and 1 .., ; illJ.NQllll$JJ.tl3.1ism. The Wiider.ness-Act-o'f 19.64_wa~ q:Uite specific t i_i'l..r:BCogm:iing' prior .existing-:r:iglila a:rui.i):)._aiJ{titrgJ;hat r.oa.®d .an£1 tihlrab'it.t;!'d'.arn1!§! .P.~~tlllde.d:f!<irrl_(:lesigmiteEl·wiidernesS. In the RARE II process, private property, roads and whole former town sites were included as Wilderness Study Areas and in some instances as wilderness. This clearly violated the law. In order to continue designating more wilderness and to post facto validate inappropriate designations, the agencies involved in the process redefined what a road was. Such an action by a federal agency is clearly beyond their authority and the V..errto Bill is designed. to ex.:p~ost-facte ("1 -val!Clffte:ih~iJ· ill:egai act_ipiJS. ,If Congre§s. )Yisb.eS" tn inchtd.~-' J.~: (J'_oa~d--~~~s _!:n ~~der:ress ~r- gi~e-Wilderne~s desl~~tions to, ·" '1 P.ri:vate P...r.QP~rtyjt ~houltl:mmsi't.tlie-oFigimil~ac11. The V..e-n.w:Bill, ..., "- as an ex post facto imposition of road definitions, is cl-e.l;.l.t}y ~2t •:€.Pnsti.fiitionall;r' valid. 9 ' . ~;J :r The intent of Congress in preserving existing rights in tl!,e "I' I I' I ~ ~ original Wilderness Act is not for the current Congress to decide, but is a matter for the courts. ReJ>resentative Vento and his backers should either let the courts rule in this process or more clearly state their case for changing the WildernesS' laws of the 11 · f nation, not.:±cy-to.slink-around bl...th.EL<iatltiif.night to cha~_g~ iW~ c:::«thole-oF-.Aine"ricaB.-j)roper,ty.:Ia;w-to-pr.'esel'.ve-jl1eO'ar actions.·i ~ ~ -~-- -~ I shall appreciate, in I!JI@ll& I 3 tf those who participated on this .tHr 1 Wmmittee, your genuine consideration with respect to the testimony herewith submitted. 10 . . ' ' 'Rsc9J.{ -:t-7- /. -· "·11·9 3 - .-April 12, 1993. Mr. Ted Stephehson RS -2477 Project Bureau of Land Management Utah State Offi~e ·P.o. Box, 45155· _ Salt Lake City, UT 84·145-0155 Dear Mr. Stephenson: ~ REP. lARRY LAROCCO .WASH. DC 20515 -# S.O.A.R., Inc., Save Our Access an~ Rights-of-Way, is a member-supported, non-,profit: corporation with a broad base of membership in Idaho. -, :I want to document and clarify the informat1on I provided at•your'hearing ·in .Boise on· April 12·, 1993. M'y commerits~are as follows: ' . 1. On_page 6,. Idaho should'be added to'the states listed in the third paragraph. in. the Constituency Positions .Section. My organization has- .been ·working with all levels of state government, the Forest Service, and-the BUreau of Land·Managernent for over two·years on these access concerns. 2. We are concerned about the weight given to the: congressional Research Service ~eport. Some of the conclusions in the report are far-'too narrow. It is biased towards a special interest grqyp i3J!.d ll@kes tbe ·~w,;u.r.aft Report less than vali~ .to · ·meet."the reques£6"of Congress: • 3. RS 2~v7 rights-of-way are critiQal for the economic survival of rural counties in Idaho. ·4. We strongly favor alternative number one, the-existing policy. 5. ,.. . -~ States and·counties would iose important segments to their ·road and highway systems under the other alternatives! and Another alternative or approach might be to have the Federaf Agencies (Forest Servfpe,. BLM·, etc •. ) work with. the states and::counties 'to fdenMfy- and document ah remaining_RS 2477 • "Rights-of-Way •... rf;'this :were.'financeid arid· coinpfeted''in a timely . mariner, tl')e ·fisi:::ai .'impact would :be less~ned over tl).e years. . . ·\Thanks for letting us_ conunent Ol} your Draft Report •. We request that you ' Working for the restoration. maintenance and perpetuation of pi./bJic <!CCess to public land <'' 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 e 39 40 41 LEGISLA'j:URE OF THE STATE OF IDAHO Fifty-second Legislature ,First Regu,lar Session- 1993 I~ THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 388 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO HIGH~AYS AND FEDERAL LAND RIGHTS OF WAY; EXPRESSING LEGISLATIVE INTENT; AMENDING SECTION 40-107, IDAHO GODE, TO DEFINE FEDERAL LAND RIGHTS OF WAY; AMENDING CHAPTER 2, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-204A, ID~O CODE, TO PROVIDE FOR DOCUMENTATION, ABANDONMENT, USE, VALIDATION AND ACKNOWLEDGEMENT OF FEDERAL LAND RIGHTS OF WAY; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. STATEMENT OF LEGISLATIVE INTENT. The State of Idaho recognizes that exist~&_ ~e~eral Iand rights uf way~4fe extremely important to at! of , rdaho"' s cit Hens''. Two-thirds of Idaho's land is under control of the federal -g~~ernment -~~d access to such federaJ lands is integral to public use. The Idaho State L<!gistai:llre _r_ecognizes the necessity for esta17lishipg ,a' procedure .f.~!"""i.dentifying •and confirmi'!g' "th~. eJ>.iStensEJ of JU"eviO!;!Sly essabli;hed .fe~er'!J: 1 rX&.ht.s of wayJ to protect those rights previously granted to and vested in·, the citizens of Idaho. SECTION 2. That Section 40-107, Idftho Code, be, and ~he same is hereby amended to read as follows: 40-107. DEFINITIONS-- F. (1) 11Facilities" mean t·t"acks, pipes, mains, conduits, cables, wires, towers, poles, equipment and appliances. (2) "Family" means two (2) or more persons living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship. (3) "Farm operation" means any jl.Ctivity conducted primarily for the production of agricultural prod~cts or comffiodities, including timber, for sale and home use, and producing agricultural products or commodities in sufficien~ quantity to contribute materially to the ·operator's support. (4) "Feeder highway" means any highway which, in the op1n1on of the transportation board, is needed to create or facilitate access to a turnpike project upon which a toll is charged for transit. (5) "Federal land rights of way" mean rights of way on federal land within the context of Revised Statute 2477, codified as 43 United StaCes Code "932, and other federal access grants and shall be considered to be any road, trail, access or way upon which_construction has been carried out to the standard in which public rights of way were built within historic context. These rights of way may include, but not be limited to, horse paths, cattle tra-i"l"s, ·" '"'.irrigation canals, waterways, ditches, pipel~ines Or other means of water .... ; transmisSion add thei~ at.tendant access for ~maintenance, wagon r..oads, jeep-.,; ·trails/ loqging roads, homestead roads, mine tO "'market ro2qs arld al1. 6th"'er Vays\ --------------------------------------------------------------------------------------------.. ----- .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ~---· 2 SECTION 3, That Chapter 2, Tit!·e lfO, Idaho Code, be, and hereby amended by the addition thereto of a NEW SECTION, to be ignated as Section 40-204A, Idaho Code, and to read as follows: t~he 'same is known and des- 40-204A. FEDERAL LAND RIGHTS OF WAY. (1) Tne state recognizes that the -act Qf con~trllction ~nd. first use constitute the· a"cce.pt-lihc"e of the. grant gi~en, -xo the public foe fed~r~l l~na:fi~~s 9f ~ay, and that -once acceptance of the grant has been established, the grant shall be for the perpetual term granted by the congress of the United States. e (2) The o!l).y ;Deth<Ut.fOr the all,andonmen(.ot ,hhese __ r_igqt,s of '!i'X: shall be. (ilat • .of .etnin~nt "'dorilaip .P.roce'l_ding"s. in wqfch tf[e tal<ifig "oJ. 1:he pub~ic·' ~ right •t(J ilcces S shall be justly-"compensat;ed;, ~j. ther •. th<i._ri)ej'l_ .P,i!JiSage Of t if1)e nor the frequency of use shall b~ consj_~_r_!'d. a •justification for consi<t"et;in~ thes_e • ., ri~hts of way to have been abandoned.7 · · - - (3) All of the said rights oi way shall be shown by some form of documentation to"have existed prior to the withdrawal of the federal grant in 1976 or to predate the removal of land through which ·they transit from the public domain for other public purposes. Documentation shall take the form of at least a map, and an affidavit. Surveys, books and other historic information may also be included. (4) These rights of way shall not require maintenance for the passage of vehicular traffic, nor shall any liability be incurred for _injury or damage through a failure to ~aintain the access or to maintain any highway sign. These rights of way shall b!' tt"ayeled at the risk of the user and niay be maintained by ~he public through usage by the public. (5) Any member of the public, the state of Idaho and ~ny of its political subdivisions, and any agency of the federal government mi'y choose to seek validation of its rights under law to use granted rights of way either through a process set forth by the state of Idaho, through_processes set forth by any federal agency or by proclamation of user rights granted under the provisions of the original act, Revised Statute 2477. '!!ibe: "rights of way <!hall not; ~e required .. to 'pqss!i_ss centerllne_,surveys ty\)ical 9£. publicly m_a:int;ll.itt!'d roads, .. but .'l!:>al1 _be survef!'d priar- to oe-ing accepteg 'ivto ~!:>e maintaiqed publi~ highway system, Neither the granting of the orig"inaf right of way nor any provisi'on in this or any other state act shall be construed as a relinquishment of either federal ownership or management of the surface estate of the property over which the right of way passes. (6) Persons seeking acknowledgement of federal land rights of way shall file with the county recorder the request for acknowledgement and for any supporting documentation, The county recorder shall place the acknowledgement on the official county road system map. • 42 SECTION 4. An emergency existing therefor, which emergency is hereby 43 declared to exist, this act shall be in full force and effect on and after its 44 passage and approval, • ,. . .. • ;I ,. • : ~ 1 • - u E.:_~:·.:~; ;' ~ /."";"E H.R. 1603 ·o,.., "00 2G n,-~, 8 ~~. 1 ..J\..1 1 d 1\ IN THE HOUSE OF REPRESENTATIVES April 1, 1993 Mr. Vento introduced the following bill; which was referred jointly 'to the Committees on Natural Resources and Rules A BILL To authorize appropriations for programs, functions, and activities of the Bureau of Land Management for fiscal years 1994 through 1997; to improve the management of the public lands; and for other purposes. 1 Be it enacted by the Senate and House of Representatives of 2 the United States of America in Congress assembled, 3 SECTION 1. AUTHORIZATION 4 There are hereby authorized to be appropriated such sums as 5 may be necessary for programs, functions, and activities of the 6 Bureau of Land Management, Department of the Interior (including 7 amounts necessary for increases in salary, pay, retirements, and 8 other employee Exhibit Ill • 11 1 (b) The table of contents of the Act is amended by 2 inserting after the item relating to section 707 the following 3 new item: "Sec. 708. Judicial review.". 4 SEC. 14. CLAIMED RIGHTS-OF~WAY 5 The Act is hereby amended by adding at the end of title III 6 the following new sections 319 and 320: 7 "SEC. 319. RECORDATION OF CLAIMED RIGHTS-OF-WAY. 8 "(a) FILING REQUIREMENTS.--(!) Any party claiming to be a 9 holder of a right-of-way across public or other Federal lands 10 for the construction of a highway pursuant to a grant made 11 by Revised Statutes section 2477 (43 u.s.c. 932) that became 12 operative before repeal of such section on October 21, 1976 13 shall, on or before January 1, ~. l997 file for record in 14 the office or offices of the Bureau of Land Management 15 responsible for management of public lands within the state or 16 States wherein such claimed right-of-way is located either a 17 notice of intent to hold and maintain the right-of-way or a 18 notice of abandonment of such party's claim to be the holder 19 of such right-of-way. A notice of intent·to hold and maintain 20 such a right-of-way shall be accompanied by information con- 21 earning the actual construction, maintenance, and public use 22 on which such party bases its claim to have established 23 such a right-of-way, and by such other information regarding 24 the uses, location, and extent of such cl~imed right-of-way . ' 12 1 as the Secretary of the Interior may require. The secretary 2 may allow information already in the possession of the Bureau 3 of Land Management to be included by reference to the documents 4 in which such information is recorded. 5 "(2) A par~y filin~ Upon receiving a notice pursuant to 6 paragraph (1) the BLM shall also simu1taneeusly file within 7 30 days a copy thereof in the appropriate office of any other 8 agency responsible for management of any Federal lands traversed 9 by the claimed right-of-way, and shall give public notice of the 10 party's intention to hold and maintain or to abandon the claimed 11 right-of-way by publication of information concerning such 12 intention in one or more newspapers of general circulation in 13 the areas where affected lands are located. 14 ~ fbt EFFECT. --(1) The failure of any party subject to 15 the requirements of subsection (a) (1) to file the notices er te 16 publish the inferma~ien required te se filea ana puSlisaea sy 17 such susseetien \iithin the time specified sy such subsec~ien 18 shall be conclusively deemed to constitute an abandonment and 19 relinquishment of a right-of-way with respect to which such 20 filing~ ana.puSlicatien is required by suefi subsee~ien. 21 "(2) Receraatien Filing pursuant to this section shall not, 22 of itself, render valid any claim which would not otherwise 23 be valid under applicable law or provide a basis for changing ' ~if\ ~t 13 1 the scope, alignment, or character or exterit of use of any 2 claimed right-of-way; and nothing in this section shall be 3 construed as waiving, altering, or otherwise affecting any 4 terms or conditions applicable to any right-of-way under 5 this Act or any other applicable law. 6 "(c) INVESTIGATIONp--(1) ~Within 45 days of receipt of 7 a notice filed pursuant to subsection (a) ~ that a party intends 8 to hold and main~ain a claimed right-of-way involving any lands 9 specified in paragraph (2) of this subsection, the Secreta~ 10 of the Interior, acting through an appropriate officer of the 11 Bureau of Land Management or (if any portion of a claimed 12 right-of-way covered by this subsection is located within a 13 unit of the National Park System) of the National Park 14 Service, shall may conduct and shall be completed within 30 15 days following an investigation to determine the v~lidity of 16 each claimed right-of-way. Such investigation shall ~at change 17 current or proposed use. The Secretary shall may provide an 18 opportunity for the public to contest or request arr 19 investigation a period of 30 days· from publish date of the 20 validity of any other claimed ri9ht-of-way. 21 "(2) (A) The Secretary shall may investigate the validity 22 of each claimed right-of-way any portion of which involves-- 23 "(i) any lands within the National Park System, 24 the National Wild and Scenic River System, or the 25 the National Wilderness Prese~ation System; or -::> jJ~' ' For full document, please contact Boise State University I Albertsons Library Special Collections and Archives 1910 University Dr. Boise, ID 83725-1430 email@example.com, 208-426-3958 l ·The Roads to Heaven Are Paved With Struggles for Control The fate of Western wilderness may ride on a simple right of way By bn Kenwanhy W~Pos'StaffWrYw M OAB, Utah-From its starting point alongside the Colorado River, the Moab Rim Trail traces a steep, circuitous route up a bluff that overlooks this southern Utah town that is a mecca for mountain bikers, river rafters and off-road vehicle enthusiasts. To all but the most intrepid owners of four-wheel drive vehicles, the Moab Rim Trail is impassable by motorized transit as it climbs up and across land owned by the federal Bureau of land Management (Bl.M). Were it not for a steady splatter of oil stains from leaky crankcases, in fact. the trail's almost impossibly steep, rocky and rutted route would barely be distinguishable from the largely untouched terrain that surrounds it But thanks to an obscure Civil War-era federal law, the Moab Rim 'Trail could be officially designated as a county road, thereby keeping some of the surrounding federal land from qualifying as a wilderness area under legislation pending in Congress. To the uninitiated, the title of that old law may sound like the latest sportS sedan from Mazda or a French abortion pill. But local officials in southern Utah know exactly what R.S. (Revised Statute) 24 77 is: The best weapon they've ever found against efforts to turn millions of acres of U.S. governmentowned land in th~i{ state into feqerally 11rotected wilderness. The growing movement to employ RS. 2477 as a means of preserving access to federally owned land is in part economic, since this is a region whose meager income potential has aJ. ways depended on cattle grazing, oil and gas development and mineral extraction. But on a more fundamental level it is philosophic, part of an· angry backlash against the federal governmen~s control of the land and attempts by environmental groups to set aside more wilderness. People here feel strongly that they have been caring stewards of these lands for many decades, and resent outsiders telling them the land should be incorporated into wilderness ....,as closed to motor vehicles and activities such as milierai development and logging. Hence the importance of R.S. 2477. Enacted by Congress in 1866 as a way to facilitate mining, it is surely one of the shortest public laws on reeord, consisting of one sentence: "The right-of-way for the construction of highways over public land. not reserved for public uses, is hereby granted.· Yet it has large implications for how the federal government manages millions of acres of range and forest land, parks and wildlife refuges. Though R.S. 2477 was repealed with passage of the 1976 Federal land Policy and Management Act, existing rights under the old statute were preserved. What that means is this: If a county or state can document . that a road or even a donkey path was built across unreserved federal land before 1976, it can ci3im an R.S. 2477 right of way. The same applies to land specifically reserved for such uses as wildlife refuges and national parks, as long as it can be docu_ mented that a right of way ;>re-<lated tl\e time when the federal land was reserved for a particular use. F'Jghts over R.S. 2477 rights of way, rare only a few years ago, are now becoming more commonplace in the public land states of the West In Alaska, for example, the state government is preparing to assert almost 1,500 rights of way, some of them across nation-al parkland that most people assume is inviolate. led by Li. Gov. Jack Coghill, Alaska is even eyeing an old right of way •· through Denali National Park-home to Mt McKinley-for a road that park officials fear could have an impact on: the caribou, grizzly bear and other wildlife that inhabit one of the country's premier national parks. Coghill says the state's broad-based effort to claim rights of way is cruciiU because the state was largely developed by airplane and thus lacks the road network of states in the conti-nental United States.· -·--·--- --· ··· .... __ _ "The R.S. 2477 process gives us the access we need to traverse across the land, • says Coghill. "l~s pure and simple access .... We're opening the beauty of Alaska to common peo-ple." ' But environmental groups see a more nefarious agenda: to open_ up areas for development that previous Alaska lands legislation protect"\i. "It has to do with mining, with timbering._with opening up the whole interior of Alaska to commerce." says Allen E. Smith, head of the Wilderness Society's Alaska office. "It's the dream of the last of the big boomers. • H ere in the ruggedly beautiful but sparsely settled counties of southern Utah, the R.S. 2477 movement is even stronger. In many of these counties, as much as 80 percent or 90 percent of the land is owned by the federal government, and opposition to making much of that land wilderness runs just as high. To county officials here, R.S. 2477 represents a golden opportunity to frustrate the designs of those. such as Democratic Rep. Wayne Owens of Utah, who would put up to 5.7 million acres of Utah permanently off limits to development and motorized vehicles. Because wilderness. areas by definition must be roadless, . R.S. 2477 has the potential to disqualify large areas from being included in Owens's proposed legislation, which is supported · ·..r by a coalition of conservation organizations. ' County officials iii Utah are preparing thousands of RS. 2477 right of way assertions to present to the BLM, whose officials will decide which are valid and which are not Some officials portray the effort as a means of preserving economic development options in an area that once boomed with uranium mining and might have large petroleum or other mineral reserves. But others coucede that their drive to assert almost 1.100 RS. 2477 rights of way is about keeping some measure of control over public lands . "We are going to try to eliminate wilderness in Emery"' COunty." says County Commissioner Dixie K. Thompson, flatly stating the goal behind the,R.S. 2477 road assertions. Such bald assertions of intent underscore the deep resentment that runs through southern Utah toward the federal gov· ernment and those conservation organizations that would restrict or further regulate the use of federally owned land. • ·4 ... ••
Click tabs to swap between content that is broken into logical sections.
|Public land right-a-ways (I)
|Searchable Date
|1993; 1994; 1995; 1996; 1997
|Various responses to H.R. 1603, a bill to authorize appropriations for programs, functions, and activities of the Bureau of Land Management for fiscal years 1994 to 1997; to improve the management of the public lands; and for other purposes. These documents mostly contain opposition literature and correspondence of Idaho stake holders concerned with loss of road access to federally controlled areas in Idaho forests.
|Subject (TGM I)
Land use
Conservation of natural resources
Public opinion
|Location (TGN)
|Idaho (United States, North and Central America : state)
|Location (TGN) ID
|Larry LaRocco
|Larry LaRocco Papers, MSS 139, Box 39, Folder 35, Boise State University Special Collections and Archives.
|Contributing institution
|Boise State University, Albertsons Library Special Collections and Archives
|Resource type
|Original physical format
|Digital format
|Ordering and permissions
|The contents of this item, including all images and text, are for personal, educational, and non-commercial use only. The contents of this item may not be reproduced in any form without the express permission of Boise State University Special Collections and Archives. For permissions or to place an order, please contact the Head of Special Collections and Archives at (208) 426-3958 or firstname.lastname@example.com.
|Full Text
DBP4RTMBNT af the INTERIOR
news release
For Release: June 1, 1993
JuneWrona (
(202) 208-5717 >
Secretary of the Interior Bruce Babbitt today released a report
requested by the U.S. Congress examining the impact of Revised Statute
(R.S.) 2477, an 1866 law that granted rights of way for constructing public
highways over public lands. Secretary Babbitt is recommending new
administrative rules to bring this 19th century right-of-way law into the
framework of contemporary public land management. The Secretary did
not recommend any formal congressional action at this time.
R.S. 2477, enacted during a period when the federal government was
aggressively promoting the settlement of the West, provided a direct grant
from Congress for state and local governments to build public highways on
public lands with no other federal approval or documentation required.
Although repealed nearly 17 years ago, the law's impact is still being felt
because those highways established before 1916 were protected as valid
existing rights of way.
The Department will start work immediately on regulations that will
provide an orderly way to explore the complicated legal and policy
questions surrounding this issue. Part of the complexity stems from the
fact that thousands of miles of undocumented roads were constructed across
public lands in the Western United States under R.S. 2477.
The majority of R.S. 2477 public highways are located on public
lands administered by the Interior Department's Bureau of Land
Management (BLM). The BLM is responsible for examining new claims
(assertions) of highways across public lands that existed prior to 1976 and
either acknowledging or denying their validity. Until the new regulations
can take effect, Secretary Babbitt announced, "I've told the BLM not to
process any more R.S. 2477 assertions, except where there is a
demonstrated, compelling need."
BLM Director Jim Baca, whose agency had the lead in preparing the
report for the Department, stated, "I think this study puts an important and
often misunderstood public land issue in perspective. The final report
looks at the history, status, and impacts of R.S. 2477. Now we have to
grapple with some very basic questions about issues such as valid existing
rights and the relationship between R.S. 2477 and modem legislation."
Among the objectives for this new rulemaking (a process that
involves public participation) will be appropriate definitions of such
statutory terms as "construction," "highways," and "public lands not
reserved for public purposes." The rules will also consider recordation
requirements, elements of proof for an R.S. 2477 claim, and public
notification and administrative appeals processes.
Copies of the fmal report will be sent later this month to all those
who requested the draft report. Others may obtain a copy by contacting
Ted Stephenson, BLM Utah State Office, Post Office Box 45155,
Salt Lake City, Utah 84145-0155; telephone (801) 539-4100.
Honorable Sidney R. Yates
Chairman, Subcommittee on Interior
Committee on Appropriations
House of Representatives
Washington, DC 20515
Dear Mr. Yates:
May 28, 1993
In the Conference Report on the Fiscal Year 1993 Appropriations Bill for Interior and Related
Agencies, Congress directed the Department of the Interior to study the history, impacts, status,
and alternatives to R.S. 2477 rights-of-way and to make sound recommendations for assessing
claims. The Department understands that its recommendatioqs must take into accmtnt the intent
of R.S. 2477 and the Fede!


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Replies to This Discussion
I live near the corner of Mission St. and De La Vina St. in Santa Barbara so I've been to the City College court and some of the other courts near me. I haven't been to the UCSB courts so it will be fun to try it. I also might be rusty because I haven't played in a while. I just want to get out there, have fun, and meet new people. What day and time would you like to go? Is any reservation or payment needed? If you would like to text or chat over the phone, I'm at 805-284-6742.
P.S.: I also just started a new group for girlfriends if you or anyone you know might be interested. The link is: http://www.meetup.com/Santa-Barbara-Girlfriend-Network/
I'd be down to play whenever. I also played in high school but haven't for a few years and joined this group to find some partners. Some doubles actions would be a blast!
Hi Mikaela,
Are you still looking for a Wednesday Tennis Partner? I'm interested in playing singles during the week, evenings, to rally and to get back into playing the game. Would also be up for doubles. I'm a beginner but quite motivated; interested in playing for fun, challenge, fitness, and improving my game. Please feel free to contact me to coordinate a good date/time/location.
Hey Mikaela,
I would love to play singles some time. I am between a 2.5 and a 3.0 some days better then others. I just picked up tennis in May but have been playing about 6 days a week since then. I am going to be out of town from the second to the 17th but when I get back we should hit the courts sometime. My email is email@example.com and tel is 805-651-7008.
Look forward to meeting you in the near future,
Have a great night,
I haven't played for a month, but I can warm up pretty quick!
New to Santa Barbara! I work Wednesdays, but 530pm or later works..
We are a group of about 8 players who get together on Wednesday (maybe 4-7 show up on the average Wednesday) at the UCSB Rec Cen courts. Our abilities range from 2.0 to 4.5, so we run the gamut. I sometimes bring a ball hopper so whoever wants to can practice serves or do some drills. You are more than welcome to stop by any time.
I have wednesdays off now. let me know if you want to hit. 909 210 2944
I'm somewhat rusty. Rallying is OK. UCSB courts of Las Positas courts for evening (lighted courts).
Busy with a 9-5 job during the week.. after work or weekends works. I want to play doubles more than singles.
I used to play more doubles in high school.
hey man, if you want to hit at las positas hit me up.
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Logger who died in accident, a fire captain, made honorary Stoddard fire chiefBy MEGHAN PIERCE
Union Leader Correspondent
February 05. 2013 9:00PM
STODDARD - A Stoddard native, firefighter and logger who died in a logging accident Monday has been made an honorary fire chief.
Fire Capt. Shannon Sarcione's dream was to become a fire chief, Fire Chief P.J. Lamothe said Tuesday.
"Nice young man. I had the liberty of watching him grow up, becoming a man and raising a son who's 11 years old now," she said. "It's a devastating loss to his family, the firefighters in the department and the community."
Sarcione, 39, was raised in Stoddard by his parents Joseph and Bonnie Sarcione. He worked for his family logging and landscaping business, J & F Cord Wood LLC.
Sarcione and another man were cutting down trees Monday afternoon in an area off School Street. One of them had cut a notch in the tree, preparing to fell it after clearing some limbs nearby, said State Police Sgt. Phillip Gaiser.
Gaiser said high winds likely knocked over the tree before the loggers were ready to take it down. The other man was not injured and did not see the tree fall on Sarcione.
Sarcione was pronounced dead at the scene.
His father, Joseph Sarcione, is the department's deputy chief and has been a Stoddard firefighter for 35 years.
Lamothe, who has been in the department for 34 years, said Shannon Sarcione joined the town fire department at 19. He was a single dad and primary caregiver for his 11-year-old son.
"He loved being a father. He's very proud of his son," Lamothe said.
He also had just moved in with his girlfriend, who has a daughter.
"They were just starting a new life," she said.
In 2010, Sarcione along with the other members of the Stoddard Fire & Rescue team were awarded the 2010 Lawrence A. Volz Emergency Medical Service Heroism Award by N.H. Emergency Medical Service Committee of Merit for an Aug. 8, 2009, rescue of a Stoddard resident who was caught in the spillway on the Highland Lake Dam and clinging onto a cable.
Sarcione, as the operator of the rescue boat, played a vital role in the rescue, Lamothe said.
"The water levels were really high, and the currents were very strong, and we didn't have a lot of room. The crew of the boat could have gone over the dam themselves, so it was a very risky maneuver that they did," she said.
Lamothe said she was approached by another member of the fire department Tuesday and asked if Sarcione could be made an honorary chief. She thought it was a good idea so she made it so.
"He's a giver; he gives of himself to people; to people of the community and members of the department," she said of Sarcione. "You can call him up when you have a problem, and he drops everything and comes and helps you."
A memorial service for Sarcione is planned for 11 a.m. Saturday at James Faulkner Elementary School in Stoddard, she said.


text:
Discussion in 'Forum Games' started by IOWA, Feb 12, 2010.
Well, this is easy. You need to guess who the next poster is!!!!
Well this might be vague but I am going to guess a member of this forum... Does that count?
see, told ya
Nope. Sensesfail
Avs are close, but wrong gender.
Nope. =S Numus!
Not Iowa
I watched a topless vampire show in vegas last night called "Bite" It was cool
You are correct!
Was it a showgirl type of thing or s strip show type of thing?
Hmmmm, MikeMcG
Your good.
good job!
I think ofthedamned
It was like a little of both... they didnt just like strip for you... kind of hard to explain... It was cool though. Def not just some broads running around topless on stage.
You are correct, sir.
Do you remember the name of the show or where you saw it? Maybe I can catch it next time I'm out there.
Hmmm skwerm?
Damn right its me!
Ofthe it was called "Bite" and it was at the Stratosphere. it was like 60 bucks per ticket. You should def. go to it!
Why yes, sensesfail99, I posted below you! Good guess!
My guess is going to be.... Fabolous.
Im going to go with Mike this time.
We have a winner......
WRONG! Mike or roze!
John Jacob Jingleheimer Schmidt ?
How did you know my nickname?
Frisco (where has he been?)
He been in my pants.
Really though, I have no idea.
I'm guessing sensesfail because he lives on these game threads.
Clem, clem don't dare show her snow covered face 'round here.
OK, late night crew time. Let's see, mafia style, say, RICO


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NWChem:Current events
From NWChem
|Line 1:
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===NWChem Tutorial at NSCCS===
===NWChem Tutorial at NSCCS===
Two day workshop will introduce researchers in the field of computational chemistry to the NWChem software package. NWChem aims to provide its users with computational chemistry tools that can handle (bio)molecules, nanostructures, and solid-state from quantum to classical, and all combinations thereof.
Two day workshop will introduce researchers in the field of computational chemistry to the NWChem software package. NWChem aims to provide its users with computational chemistry tools that can handle (bio)molecules, nanostructures, and solid-state from quantum to classical, and all combinations thereof.
Revision as of 11:36, 6 April 2015
NWChem Tutorial at NSCCS
Two day workshop (April 21st-22nd 2015) will introduce researchers in the field of computational chemistry to the NWChem software package. NWChem aims to provide its users with computational chemistry tools that can handle (bio)molecules, nanostructures, and solid-state from quantum to classical, and all combinations thereof. http://www.nsccs.ac.uk/NWChem2015.php
EMSL Named an Intel Parallel Computing Center
Intel has named EMSL, located at Pacific Northwest National Laboratory, as an Intel Parallel Computing Center. As an Intel PCC, EMSL's scientific computing team will work with Intel to modernize the codes of NWChem to take advantage of technological advancements in computers. NWChem is one of the Department of Energy's premier open-source computational chemistry software suites and has been developed at EMSL. The modernized codes will be applicable to several science drivers including studies of aerosol particles, soil chemistry, biosystems, hormone-cofactor functionality in proteins, ionic liquids in cells, spectroscopies, new materials and large-scale reaction mechanisms. http://www.emsl.pnl.gov/emslweb/news/emsl-named-intel%C2%AE-parallel-computing-center.
NWChem SC2014 paper
This paper presents the implementation and performance of the highly accurate CCSD(T) quantum chemistry method on the Intel Xeon Phi coprocessor within the context of the NWChem computational chemistry package. The widespread use of highly correlated methods in electronic structure calculations is contingent upon the interplay between advances in theory and the possibility of utilizing the ever-growing computer power of emerging heterogeneous architectures. We discuss the design decisions of our implementation as well as the optimizations applied to the compute kernels and data transfers between host and coprocessor. We show the feasibility of adopting the Intel Many Integrated Core Architecture and the Intel Xeon Phi coprocessor for developing efficient computational chemistry modeling tools. Remarkable scalability is demonstrated by benchmarks. Our solution scales up to a total of 62560 cores with the concurrent utilization of Intel Xeon processors and Intel Xeon Phi coprocessors. New CCSD(T) implementation is available in the 6.5 release of NWchem http://sc14.supercomputing.org/schedule/event_detail?evid=pap217
NWChem 6.5 has been released
NWChem team is pleased to announce the 6.5 release. We would like to express our sincere thanks to all the authors and contributors who made this release possible. This release includes several new powerful capabilities.
- Analytical TDDFT gradients. Developers: Niri Govind, Huub van Dam, Daniel Silverstein (Jensen Group, Penn State University). D.W. Silverstein, N. Govind, H.J.J. van Dam, L. Jensen, "Simulating One-Photon Absorption and Resonance Raman Scattering Spectra Using Analytical Excited State Energy Gradients within Time-Dependent Density Functional Theory," J. Chem. Theory Comput. 9, 5490 (2013). http://pubs.acs.org/doi/abs/10.1021/ct4007772
- Analytical COSMO gradients. Developers: Huub van Dam.
- Enhanced handling of COSMO parameters. Developers: Marat Valiev.
- SMD (Solvation Model Based on Density) Model. Developers: Alek Marenich (Truhlar/Cramer Group, University of Minnesota), Niri Govind
- VEM (Vertical Excitation or Emission) Model. Developers: Alek Marenich (Truhlar/Cramer Group, University of Minnesota), Niri Govind
- Analytical 2nd derivatives for Becke97 style XC functionals. Developers: Tobias Risthaus (University of Bonn).
- Open and closed-shell polarizabilities. Developers: Fredy Aquino (Schatz Group, Northwestern University), Jochen Autschbach (SUNY, Buffalo). F.W. Aquino, G.C. Schatz, "Time-Dependent Density Functional Methods for Raman Spectra in Open-Shell Systems", J. Phys. Chem. A, 2014, 118 (2), pp 517–525. http://pubs.acs.org/doi/abs/10.1021/jp411039m
- Exchange-hole dipole moment method (XDM). Developers: Alberto Otero de la Roza (National Institute for Nanotechnology, NRC), Edoardo Apra.
- Calculation of transition densities for excited-states. Developers: Niri Govind.
- Complete list of exchange-correlation functionals within planewave DFT. Developers: Huub van Dam, Eric Bylaska.
- SCS method for MP2/CCSD. Developers: Massimo Malagoli (Penguin Computing).
- Improved stability of in-core (a.k.a no I/O) MP2. Developers: Edoardo Apra.
- Accurate calculation of Electron Affinities (EA) and Ionization Potentials (IP) with equation-of-motion coupled-cluster theory (IP/EA-EOMCCSD). Developers: Kiran Bhaskaran Nair (Mark Jarrell, Juana Moreno, William Shelton Groups, LSU), Karol Kowalski. Kiran Bhaskaran-Nair, K. Kowalski, J. Moreno, M. Jarrell, W.A. Shelton, "Equation of motion coupled cluster methods for electron attachment and ionization potential in fullerenes C60 and C70," J. Chem. Phys. 141, 074304 (2014). http://dx.doi.org/10.1063/1.4891934
- Enabling non-iterative CCSD(T) and CR-EOMCCSD(T) calculations with large tiles (new parallel algorithm based on the sliced representation of multi-dimensional tensors). Developers: Karol Kowalski.
- new TCE 4-index transformation for RHF/ROHF references. Developers: Karol Kowalski.
- Intel MIC port for the TCE CCSD(T) module. Developers: Edoardo Apra, Michael Klemm (Intel), Karol Kowalski.
- Reducing memory requirements in beta-hyperpolarizability linear response CCSD method. Developers: Karol Kowalski
- Performance optimizaton of spin-adapted CCSD implementation for closed-shell systems. Developers: Victor Anisimov (National Center for Supercomputing Applications, University of Illinois at Urbana-Champaign), Edoardo Apra.
- Temperature accelerated molecular dynamics (TAMD). Developers: Ying Chen (Weare Group, UCSD), Eric Bylaska.
- Added equation input to TAMD and Metadynamics. This allows the user the freedom to define unique collective variables in free energy simulations. Developers: Eric Bylaska.
- Frozen Phonon in BAND. Developers: Eric Bylaska
- 2d surface geometry optimizations. Developers: Eric Bylaska
- Interface to FEFF6L. Developers: Eric Bylaska
- FMM implementation of ion-electron interactions in AIMD/MM. Developers: Eric Bylaska
- Constant temperature and pressure Metropolis Monte-Carlo (beta) added to PSPW.
- Ability to assign different basis sets based on on atom name in QM/MM calculations. Developers: Marat Valiev.
- Complete handling of space groups. Developers: Eric Bylaska.
- Mingw32 port for Windows 32-bit environments. Developer: Edoardo Apra.
NWChem 6.5 soon to be released
We have now entered the NWChem code freeze for release 6.5. Please refrain from checking in new development code and limit checkins to bug fixes. As of yet we have not branched the release. The plan is to stabilize the current development and branch the release later (end of August/beginning of September). This avoids duplication of work and checking fixes in in two places (the development branch and the release branch) as well as weird inconsistencies that may arise from forgotten checkins.
NWChem 6.3 release now available
On May 17, 2013 NWChem version 6.3 was released. An overview of the changes, added functionality, and bug fixes in this latest version can be found here.
NWChem highlighted in DOE Pulse
NWChem's efforts to solve chemistry challenges with high performance computing were highlighted in DOE Pulse.
NWChem 6.1.1 bug fix release now available
On June 26, 2012 NWChem version 6.1.1 was released. This version is solely a bug fix release with the same functionality as NWChem 6.1. A list of bug fixes in this latest version can be found here.
NWChem Schedules Tutorials and Hands-On Training
Centers or sites interested in hosting a workshop or tutorial with or without hands-on training, please contact Karol Kowalski.
The NWChem developers will be holding:
- Tutorials are being planned in the US, India, and Italy. Updates will be provided soon.
- A three-day tutorial and hands-on training at A*STAR in Singapore on October 23-25, 2012
- A three-day tutorial and hands-on training at the National Supercomputer Center in Beijing on October 17-19, 2012
Past tutorial/training sessions:
- A two-day tutorial and hands-on training at the LONI Institute on the Louisiana State University (Baton Rouge, LA) campus June 8-9, 2012
- A three-day tutorial and hands-on training at A*STAR in Singapore on March 27-29, 2012 (Cancelled due to family circumstances)
- A two-day tutorial and hands-on training at EPCC in Edinburgh, UK on June 13-14, 2011
- A two-day tutorial and hands-on training at LRZ in Garching, Germany on June 9-10, 2011
- A three-day tutorial and hands-on training at the National Supercomputer Center in Beijing on December 11-13, 2010
- A two-day tutorial and hands-on training at NCSA in Urbana on December 1-2, 2010
- A 2-hour tutorial at the Pacific Northwest AVS meeting held at PNNL on September 15, 2010
NWChem 6.1 has been released
On January 27, 2012 NWChem version 6.1 was released. An overview of the changes, added functionality, and bug fixes in this latest version can be found here.
PCCP Perspective Published
Developers of NWChem at EMSL were the lead authors on a perspective article in the highly ranked PCCP journal on utilizing high performance computing for chemistry and parallel computational chemistry. The article and cover were published in Phys. Chem. Chem. Phys. 12, 6896 (2010).
NWChem released as open-source
On September 30, 2010 NWChem version 6.0 was released. This version marks a transition of NWChem to an open-source software package. The software is being released under the [Educational Community License 2.0] (ECL 2.0). Users can download the source code and a select set of binaries from this site.
New functionality, improvements, and bug fixes include:
- Greatly improved memory management for TCE four-index transformation, CCSD(T), CR-EOMCCSD(T), and solver for EOMCCSD
- Performance and scalability improvments for TCE CCSD(T), CR-EOMCCSD(T), and EOMCCSD
- TCE based static CCSD hyperpolarizabilities
- New exchange-correlation functionals available in the Gaussian DFT module
- Range-separated functionals: CAM-B3LYP, LC-BLYP, LC-PBE, LC-PBE0, BNL. These functionals can also be used to perform TDDFT excited-state calculations
- SSB-D functional
- Double hybrid functionals (Semi-empirical hybrid DFT combined with perturbative MP2)
- DFT response calculations are now available for order 1 (linear response), single frequency, electric field and mixed electric-magnetic field perturbations.
- Spin-orbit now works with direct and distributed data approaches
- Greatly improved documentation for QM/MM simulations
- Bug fix for DISP: Empirical long-range vdW contribution
- Bug fix for Hartree-Fock Exchange contributions in NMR
- Plane-wave BAND module now has parallelization over k-points, AIMD, and Spin-Orbit pseudopotentials
- Plane-wave modules have improved minimizers for metallic systems and metadynamics capabilities


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