Senate Joint Resolution No. 1–Committee on
Natural Resources
February 8, 2001
____________
Referred to Committee on Natural Resources
SUMMARY—Expresses support of Nevada Legislature for
amendment to Federal Land Policy and Management Act of 1976 to require
identification, mapping and recognition of certain rights of way across land
administered by Federal Government. (BDR R‑1039)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
Senate Joint RESOLUTION—Expressing the support of
the Nevada Legislature for an amendment to the Federal Land Policy and
Management Act of 1976 to require the identification, mapping and recognition
of certain rights of way across land administered by the Federal Government.
1-1 Whereas, The provisions of section 8 of
the Act of July 26, 1866,
14 Stat. 251, formerly codified as Section 2477 of the Revised Statutes,
1-2 expressly granted rights of
way for the construction of highways over
1-3 unreserved public lands
administered by the Federal Government; and
1-4 Whereas, Although the
provisions of R.S. 2477 were repealed by the
1-5 enactment of the Federal
Land Policy and Management Act of 1976,
1-6 Congress explicitly
recognized the continued validity of those rights of
1-7 way in subsection (a) of
section 701 of the Federal Land Policy and
1-8 Management Act of 1976; and
1-9 Whereas, The Bureau
of Land Management has failed to recognize the
1-10 validity of those rights of
way; and
1-11 Whereas, The costs
for a person individually to file a lawsuit to
1-12 identify and establish such
a right of way are prohibitive; and
1-13 Whereas, The Nevada
Miners and Prospectors Association has
1-14 proposed an amendment to the
Federal Land Policy and Management Act
1-15 of 1976; and
1-16 Whereas, If enacted,
the proposed amendment will require the
1-17 Secretary of the Interior
and the Secretary of Agriculture to:
1-18 1. Contract with each state
that has enacted legislation recognizing
1-19 those rights of way to provide
for the identification and mapping of the
1-20 rights of way within the
boundaries of the state; and
2-1 2. Recognize those rights
of way for all purposes under federal law;
2-3 Resolved by the Senate and
Assembly of the State of Nevada,
2-4 Jointly, That the members of the
71st session of the Nevada Legislature
2-5 hereby express their support
for the amendment to the Federal Land Policy
2-6 and Management Act of 1976
proposed by the Nevada Miners and
2-7 Prospectors Association; and
be it further
2-8 Resolved, That the
Secretary of the Senate prepare and transmit a copy
2-9 of this resolution to the
United States Senate Committee on Energy and
2-10 Natural Resources, the
United States House of Representatives Committee
2-11 on Resources, the Secretary
of the Interior, the Secretary of Agriculture
2-12 and each member of the
Nevada Congressional Delegation; and be it
2-13 further
2-14 Resolved, That this resolution becomes effective upon passage.
2-15 H