Senate Joint Resolution No. 2–Committee on Natural Resources

FILE NUMBER........

Whereas, Many rights of way that cross public lands administered by

the Federal Government were granted pursuant to the authority of section 8

of the Act of July 26, 1866, 14 Stat. 253, formerly codified as Section 2477

of the Revised Statutes; and

Whereas, Congress explicitly recognized the continued validity of such

rights of way in subsection (a) of section 701 of the Federal Land Policy

and Management Act of 1976; and

Whereas, The Bureau of Land Management has failed to recognize the

validity of such rights of way; and

Whereas, The costs for a person individually to file a lawsuit to

identify and establish such a right of way are prohibitive; and

Whereas, The Nevada Miners and Prospectors Association has

proposed an amendment to the Federal Land Policy and Management Act

of 1976; and

Whereas, Pursuant to the amendment, the Secretary of the Interior and

the Secretary of Agriculture would be required to contract with each state

that has enacted legislation recognizing the status of such rights of way, to

provide for the identification and mapping of such rights of way within its

borders; and

Whereas, Pursuant to the amendment, the Secretary of the Interior and

the Secretary of Agriculture would be required to recognize the validity of

such rights of way for all purposes under federal law; now, therefore, be it

Resolved by the Senate and Assembly of the State of Nevada,

Jointly, That the members of the 70th session of the Nevada Legislature

hereby express their support for the amendment to the Federal Land Policy

and Management Act of 1976 proposed by the Nevada Miners and

Prospectors Association; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy

of this resolution to the United States Senate Committee on Energy and

Natural Resources, the United States House of Representatives Committee

on Resources, the Secretary of the Interior, the Secretary of Agriculture and

each member of the Nevada Congressional Delegation; and be it further

Resolved, That this resolution becomes effective upon passage and

approval.

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