S. 90 · In committee · Public Lands and Natural Resources

Historic Roadways Protection Act

Sponsor: Mike Lee (R-UT)

What it does

• Prohibit the Bureau of Land Management from closing historical roads on public lands in Utah until federal courts decide R.S. 2477 cases brought by Utah and counties to keep those roads open.
• Block the BLM from obligating or spending federal funds to finalize or implement new travel management plans for specified travel management areas in Utah.
• Prevent the BLM from implementing four named travel management plans in Utah (Indian Creek, San Rafael Desert, San Rafael Swell, and Labyrinth/Gemini Bridges) until R.S. 2477 cases are resolved.

Official summary

Historic Roadways Protection Act This bill prohibits the Bureau for Land Management (BLM) from closing historical roads on public lands in certain areas of Utah until the Federal District Court for Utah makes a decision on each of the R.S. 2477 cases, which are cases brought by Utah and counties to keep historical roads on BLM land in Utah open for public use. By way of background, a provision of the Mining Law of 1866, commonly known as R.S. 2477, granted rights-of-way to states and counties across public lands for the construction of roads for public use in order to promote settlement of the American West. In 1976, Congress repealed R.S. 2477 when it enacted the Federal Land Policy and Management Act (FLPMA), but FLPMA preserved rights-of-way that had been established under R.S. 2477. After the BLM released travel management plans that closed some historical roads, Utah and 22 counties filed lawsuits about their rights-of-way across public lands for historical roads. Until the BLM certifies that those cases have been decided, the bill prohibits the BLM from obligating or expending federal funds to (1) finalize or implement a new travel management plan for certain travel…

Latest action

Feb 4, 2026: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

Committee: Senate Energy and Natural Resources