PolicyBrief
S. 90
119th CongressFeb 4th 2026
Historic Roadways Protection Act
AWAITING SENATE

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 adjudicated.

Mike Lee
R

Mike Lee

Senator

UT

LEGISLATION

Historic Roadways Protection Act Blocks Federal Land Use Plans in Utah Until Decades-Old Court Battles End

The Historic Roadways Protection Act is essentially a high-stakes 'pause' button for federal land management in Utah. Specifically, Section 2 of the bill prohibits the Department of the Interior from spending a single dime to finalize or implement new travel management plans across several massive chunks of the state, including the San Rafael Swell and Nine Mile Canyon. This freeze isn't temporary in the usual sense; it lasts until every single one of the 22 listed R.S. 2477 right-of-way lawsuits—legal battles over old dirt roads and trails—is fully settled in court. By tying federal funding to the outcome of these complex, slow-moving cases, the bill ensures that no new rules for vehicle access or trail closures can move forward in these areas for the foreseeable future.

The Gridlock on the Ground

This bill targets specific, high-traffic recreation areas like the Labyrinth Gemini Bridges and the Henry Mountains. If you’re someone who spends your weekends off-roading, mountain biking, or camping in these spots, this means the current rules of the road are effectively locked in. For example, the Bureau of Land Management (BLM) won't be able to enforce the recently finalized Labyrinth Gemini Bridges Travel Management Plan, which sought to balance motorized access with conservation. Under this bill, those new restrictions or trail designations can't be implemented. While this is a win for those who want to keep existing trails open, it creates a massive administrative limbo for land managers who are trying to update maps or address environmental wear and tear on popular routes.

A Legal Waiting Game

The 'applicable period' defined in the bill is the real kicker. It starts the moment the bill is signed and doesn't end until the Secretary of the Interior certifies to Congress that every listed court case—from Beaver County to Washington County—has been adjudicated. These R.S. 2477 cases are notoriously sluggish, often dragging on for years or even decades as lawyers argue over whether a path was a 'public highway' before 1976. For a local rancher or a small-town tour operator, this means total uncertainty. You might have a clear path today, but the lack of a finalized, funded management plan means that long-term infrastructure improvements, like better signage or erosion control, are essentially defunded and stuck in the mud.

Who Wins and Who Waits?

The primary beneficiaries here are groups and local governments fighting to maintain historical access rights without new federal interference. By cutting off the checkbook for the BLM, the bill prevents the agency from moving forward with plans that might restrict motorized access. On the flip side, this creates a significant hurdle for conservationists and the general public who rely on updated management plans to protect natural resources or resolve conflicts between different types of trail users. Because the bill doesn't actually speed up the court cases, it effectively uses a funding ban to create a long-term stalemate, leaving the future of Utah's backcountry tied to the pace of a courthouse filing cabinet.