Tell BLM Not to Pave the Way for R.S. 2477 Highways across Utah by Approving the "Manganese Road" Applicati

Tell BLM Not to Pave the Way for R.S. 2477 Highways across Utah by Approving the "Manganese Road" Application

If the state of Utah succeeds with this first disclaimer it has thousands of similar claims blanketing Utah’s redrock country waiting in the wings. Please tell the BLM to reject the state's unlawful right-of-way application. The public comment deadline is Monday, December 9th.

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Please Reject the State of Utah's Recordable Disclaimer of Interest Application for the Manganese Road (UTU-94260)

Dear [Decision Maker],

Please accept these timely comments on the State of Utah's and Washington County's application for a recordable disclaimer of interest (RDI) over the Manganese Road (UTU-94260).

For the reasons set out below, I strongly oppose this application and urge BLM to reject it.

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*  Since 1996, Congress has prohibited the BLM from determining the validity of claimed R.S. 2477 rights-of-way (Public Law No. 104-208, § 108). Any attempt by the BLM to approve Utah's RDI application would be contrary to law.

*  The Tenth Circuit Court of Appeals has been clear that the BLM lacks the authority to make primary determinations over alleged R.S. 2477 rights-of-way. Any attempt by the BLM to approve Utah's RDI application is unlawful.

* The State of Utah and Washington County have failed to demonstrate with clear and convincing evidence that the Manganese Road was continuously used for 10 years prior to October 1976.  As such, they have not met a fundamental aspect of the test to establish their claim over this alleged right-of-way.

Even if the BLM decides to proceed with considering this RDI application, it must offer another comment period that provides the public with an opportunity to review and comment on the agency's analysis and government records.  As it stands now, the public has only been provided the one-sided documents submitted by the state and county in support of their application. That is hardly a fair or appropriate way to seek informed public comment.

Finally, the BLM must comply with NEPA when it provides that second comment period to fully consider, analyze, and disclose the impacts of granting or denying the RDI application.

Thank you for your consideration of these comments. Please notify me when the BLM takes any additional action on this RDI application.

Sincerely,

[Your Name]
[Your Address]
[City, State ZIP]
[Your Email]

Southern Utah Wilderness Alliance

Tell BLM Not to Pave the Way for R.S. 2477 Highways across Utah by Approving the "Manganese Road" Application

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