Amends existing law to revise and clarify provisions regarding federal land rights-of-way.
TRANSPORTATION -- Amends existing law to revise and clarify provisions regarding federal land rights-of-way.
STATEMENT OF PURPOSE
The current Idaho Statute 402-04(A) recognizes that the federal land rights-of-way were granted to the state for public use in perpetuity. The 1976 act allowed for the continuance of rights-of-ways in existence prior to itspassage. Abandonmentofanyrights-of-wayshallnotoccurduetopassageoftimeorfrequencyofuse,but onlythrougheminentdomainproceedings. Recently,throughtheuseoffederaltravelmanagement,resource and land management plans, the federal agencies, primarily the U.S. Forest Service and the Bureau of Land Management, have closed roads and trails across federal lands, sometimes without regard to rights-of-way existing prior to the act. These closures have denied the public's access to enjoy the lands' multiple uses and has reduced state and county revenues derived from all industries related to access and extraction. These closures have also created wildfire suppression hazards by delaying response times to either re-open the closures or construct new means of access. This bill clarifies that federal agency plans desiring to close any existing rights-of-ways cannot circumvent eminent domain proceedings and explains what maintenance actions may be taken by the state or any of its political subdivisions.
LATEST ACTION
U.C. to be returned to State Affairs Committee
BILL INFO
- Session
- 2018
- Chamber
- house
- Status date
- Feb 26, 2018