TallyIDAHOLegislative Tracker
H01042019 Regular Session

Amends existing law to revise provisions regarding federal land rights-of-way.

FEDERAL LAND RIGHTS-OF-WAY -- Amends existing law to revise provisions regarding federal land rights-of-way.

FEDERAL LAND RIGHTS-OF-WAY

STATEMENT OF PURPOSE

The current Idaho Statute 40-204(A) recognizes that the federal land rights-of-way were granted to the state for public use in perpetuity and that the 1976 Federal Land Policy Management Act allowed for the continuance of rights-of-ways in existence prior to its passage. This bill further recognizes that these rights-of-way are federally owned land to which an access easement has been granted, are co-managed by the federal and state government and its political subdivisions and cannot be terminated unilaterally by either party. By public law and federal statutes, federal agencies are not to recognize, manage or validate these rights-of-way within their regulations without a specific act of congress, and they are to coordinate their resource management planning with the resource plans of state's political subdivisions that seek to retain access rights for multiple use, wildfire suppression and search and rescue. Imminent domain is an inappropriate mechanism for abandonment of any federal rights-of-way and is corrected.

LATEST ACTION

Reported Printed and Referred to Transportation & Defense

BILL INFO

Session
2019
Chamber
house
Status date
Feb 7, 2019

DOCUMENTS

LINKS

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