[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18623]
[[Page Unknown]]
[Federal Register: August 1, 1994]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2820
[WO-260-4210-02-24 1A]
RIN 1004-AB00
National Park Service
36 CFR Part 14
RIN 1024-AC01
Fish and Wildlife Service
50 CFR Part 29
RIN 1018-AC45
Revised Statute 2477 Rights-of-Way
AGENCIES: Bureau of Land Management, National Park Service, Fish and
Wildlife Service, Interior.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: This document announces that the Bureau of Land Management,
the National Park Service, and the U.S. Fish and Wildlife Service--all
agencies of the Department of the Interior (Department)--are currently
considering whether to develop regulations or other administrative
procedures to manage rights-of-way validly acquired pursuant to R.S.
2477, and if so, what kind of regulations to develop. If promulgated,
such management regulations would apply solely to R.S. 2477 rights-of-
way, and lands encumbered by such rights-of-way, across the respective
jurisdictions of these three agencies, when those rights-of-way are
determined to have been validly acquired in accordance with
Departmental regulations (a proposal for these regulations is published
separately today).
DATES: Comments must be submitted in writing by September 30, 1994.
ADDRESSES: Comments on this notice should be sent to: U.S. Department
of the Interior, Main Interior Building, 1849 C Street, N.W., Room
5555, Washington, D.C. 20240. All comments received will be available
for public review in Room 5555 at the above address between the hours
of 7:45 a.m. and 4:15 p.m., Monday through Friday. Correspondents
should specify whether their comments are directed generally or to the
specific management programs of the National Park Service, U.S. Fish
and Wildlife Service, or Bureau of Land Management.
FOR FURTHER INFORMATION CONTACT: Bureau of Land Management: Ron
Montagna, (202) 452-782, or Ted D. Stephenson, (801) 539-4100. National
Park Service: Russel J. Wilson, (202) 208-7675. U.S. Fish and Wildlife
Service: Duncan Brown, (703) 358-1744.
SUPPLEMENTARY INFORMATION: R.S. 2477, enacted in 1866 and repealed in
1976, granted rights-of-way for the construction of highways across
unreserved public lands. Rights-of-way in existence on the date of
repeal were not terminated. A proposed rule, published separately
today, would provide clarification of this provision and a system for
processing claims for validation of rights-of-way across Federal lands
pursuant to R.S. 2477. The courts have explicitly recognized the
authority of the Department to regulate such rights-of-way.
This notice announces that the Department's land managing
agencies--the Bureau of Land Management, the National Park Service, and
the U.S. Fish and Wildlife Service--are considering whether to manage
R.S. 2477 rights-of-way under existing legal authorities, to promulgate
additional regulations (and if so what form of regulations), or to
develop other administrative procedures to govern R.S. 2477 rights-of-
way after they have been determined to have been validly acquired under
Departmental regulations.
The Department solicits comments on how it should regulate validly
acquired R.S. 2477 rights-of-way. Each agency has existing regulations
dealing generally with rights-of-way (for the Bureau of Land
Management, see 43 CFR part 2800; for the National Park Service, see 36
CFR part 14; for the U.S. Fish and Wildlife Service, see 50 CFR part
29). One option would be to administer R.S. 2477 rights-of-way under
existing agency right-of-way regulations. This option might be workable
for agencies and holders and would avoid creating a separate system for
one narrow class of rights-of-way. The Department solicits comments
specifically on whether existing right-of-way regulations would
adequately protect public resources while providing a workable
framework for holders of R.S. 2477 rights-of-way.
If commenters do not believe that existing right-of-way regulations
could meet these goals if applied specifically to R.S. 2477 rights-of-
way, the Department solicits specific comments on which provisions do
and which provisions do not, as well as suggestions for alternative
provisions, as they relate to R.S. 2477 rights-of-way.
The Department solicits comments specifically addressing whether
there are valid reasons to establish separate regulations for R.S. 2477
rights-of-way. If so, the Department requests comments both on the
reasons for separate regulations and suggestions for their content.
Separate management regulations for each agency (the Bureau of Land
Management, National Park Service, and U.S. Fish and Wildlife Service)
may be necessary because each has different statutory mandates. The
Department requests comments on the appropriateness and feasibility of
applying different management standards to R.S. 2477 rights-of-way,
depending on which agency has jurisdiction for the Federal land crossed
by a right-of-way.
Another option under consideration is the use of cooperative
agreements between holders of R.S. 2477 rights-of-way and Federal land
managers that would govern maintenance and operation of such rights-of-
way. The Department solicits comments on whether and under what
circumstances such agreements might be an appropriate means of managing
these rights-of-way, as well as comments on what kind of terms and
conditions should be included in such agreements, if utilized.
Finally, the Department requests comments specifically on whether
management standards, if developed, should be promulgated as
regulations or developed by some other internal administrative means,
such as an agency manual or instruction memorandum.
Dated: July 18, 1994.
George T. Frampton, Jr.,
Assistant Secretary of the Interior.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 94-18623 Filed 7-29-94; 8:45 am]
BILLING CODE 4310-84-P, 4310-55-P, 4310-70-P
