PolicyBrief
H.R. 376
119th CongressJan 14th 2025
Historic Roadways Protection Act
IN COMMITTEE

The Historic Roadways Protection Act prohibits the use of federal funds to finalize or implement specific travel management plans in Utah until all pending R.S. 2477 right-of-way lawsuits are fully adjudicated.

Mike Kennedy
R

Mike Kennedy

Representative

UT-3

LEGISLATION

Historic Roadways Protection Act Halts Utah Land Management Pending Resolution of 22 County Lawsuits

The Historic Roadways Protection Act effectively hits the pause button on how the federal government manages millions of acres of public land in Utah. Specifically, it prohibits the Bureau of Land Management (BLM) from spending a single dime to finalize or implement travel management plans—the rulebooks that dictate where you can drive, bike, or hike—across massive swaths of the state. This freeze stays in place until 22 separate lawsuits filed by Utah counties against the federal government are fully settled in court. These lawsuits center on 'R.S. 2477' claims, an 1866 law that granted rights-of-way for highways across public lands before most modern environmental regulations existed.

The Great Utah Gridlock

Under Section 2, the bill targets ten specific regions for new planning freezes, including the Henry Mountains, Book Cliffs, and Nine Mile Canyon. It also immediately stops the implementation of four existing plans, such as those for Indian Creek and Labyrinth Gemini Bridges. For a local outfitter or a weekend camper, this means the 'rules of the road' are essentially frozen in time. If a trail is currently falling apart or a new access point is needed to handle growing crowds, the BLM’s hands are tied. They cannot finalize new maps or enforce the specific details of the listed plans until every one of the 22 listed counties—from Box Elder to San Juan—sees their day in court reach a final conclusion.

Legal Limbo and Local Impact

The real-world catch here is the timeline. Litigation involving 22 different counties and the federal government can move at a glacial pace, potentially dragging on for years or even decades. By tying land management to the final adjudication of these cases, the bill creates a period of 'management limbo.' For a rancher needing clear access routes or a mountain biker looking for sanctioned trails, the lack of updated management plans could mean a lack of clarity on where they can legally go. Because the bill explicitly states this prohibition applies 'regardless of any other law,' it effectively overrides standard federal procedures for land oversight until the legal dust settles.

Who Wins and Who Waits

The primary beneficiaries are the Utah counties and the state government, as this legislation prevents the federal government from making permanent land-use decisions while the ownership of thousands of miles of dirt tracks and roads is still being argued in court. On the flip side, the public may face a confusing landscape. Without finalized plans, there is less certainty regarding trail maintenance, signage, and environmental protection in high-traffic areas like the San Rafael Swell. The bill ensures that the status quo remains locked in, prioritizing the resolution of historic property rights over the immediate rollout of new federal land-use regulations.