Sponsor Statement for SB 180

"An Act Relating to State Rights-of-Way."

Revised Statute 2477 (R.S. 2477) was a right granted to the states by the United States Congress with the passage of the Mining Act of 1866. The purpose of this law was to provide for, and guarantee, the public's right to establish access across federal lands. Subsequent congressional action, and more than 100 years of case law, has recognized the state's authority to determine and define R.S. 2477 rights-of-way.

Although Congress repealed R.S. 2477 in 1976 with the adoption of the Federal Land Policy and Management Act, they specifically acknowledged the legal existence of R.S. 2477 rights-of-way established prior to the repeal. Current Federal Regulation explicitly provides that any rights conferred by the R.S. 2477 grant shall not be diminished. (43 CFR § 2801.4)

Last year the legislature passed SJR 13 with broad support reiterating their position regarding R.S. 2477 and making clear the objection to the United States Department of the Interior's new policy. Information that came forward during the committee process on SJR 13 as well as during the Joint Senate and House Resources Committee's overview of the issue supports the subsequent action being taken with Senate Bill 180.

SB 180, an Act relating to state rights-of-way, codifies 585 documented R.S. 2477 rights-of-way, requires them to be recorded and provides a process for, and limitations on, their vacation.

Beginning with the legislative appropriations in 1992 and 1993, which funded the research and compilation of historical information regarding R.S. 2477, the legislature has taken the lead in moving this issue forward. In undertaking those legislatively designated projects, the Department of Natural Resources (DNR) reviewed some 1,700 potential R.S. 2477 routes. This DNR review resulted in the identification of 585 rights-of-way that appear to qualify and can be supported with appropriate documentation. These 585 routes are published in the Historical Trails catalogue and incorporated into the state land administration system (LAS).

While the R.S. 2477 rights-of-way codified in this bill have already been accepted by public users and deemed supportable by the state, it is likely the federal government will dispute the state's ownership on some or all of these routes. Although the current federal administration is attempting to limit the state's rights regarding R.S. 2477 rights-of-way, over 100 years of case law on point recognizes state law as controlling on the issue. Codifying these routes in statute will strengthen the state's position for possible subsequent court action, and provide the affected land owners and general public clear notification that these R.S. 2477 rights-of-way are available for use.

R.S. 2477 rights-of-way are crucial to the future of our young and still largely undeveloped state. They are essential to provide surface travel to Alaska's many untapped mineral deposits and other natural resources, recreational areas and tourism opportunities, and access to and between Alaska's rural areas.

R.S. 2477 rights-of-way are an existing state right that we cannot allow to be "regulated away" by the federal bureaucracy. I urge your support of this legislation.

last updated 01-28-98

Sponsor Statement for SB 180

Alaskan Rights-of-Way

Senate Bill 180 seeks to secure access corridors across Alaska’s land. Senate Bill 180 codifies the researched RS 2477 rights-of-way, requires them to be recorded and provides a process for, and limitations on, their vacation.

Building upon Senate Joint Resolution 13, introduced by Halford earlier this session and passed by the Legislature, Senate Bill 180 is another step in solidifying our existing state’s right against a federal administration that has become increasingly hostile on the issue.

"Alaskans have a right to access Alaskan land. That right is under siege by the Department of the Interior," said Halford. "By codifying these routes in statute, we strengthen our position on the issue."

After research, compilation of historical information, and review by the Department of Natural Resources, 585 trails have been identified as clearly qualifying RS 2477 rights-of-way. These trails provide surface travel across federal lands to areas that are important to Alaska’s recreational access, trade and commerce.

Senate Bill 180 would provide notice to the public that these RS 2477 routes are owned by the state and available for use by the public.

Senate Bill 180 is co-sponsored by Senators Green, Leman, Sharp, Torgerson, and Wilken.