Senate Energy Committee Advances Lee’s Historic Roadways Protection Act 11-9

The Senate Energy and Natural Resources Committee voted 11-9 to advance S. 90, the Historic Roadways Protection Act, moving the bill to the Senate floor and placing a temporary brake on federal plans that would permanently close dirt roads across Utah’s public lands. Sponsored by Sen. Mike Lee, R-Utah, the measure bars use of federal funds to finalize or implement certain Bureau of Land Management travel management plans in Utah while ongoing R.S. 2477 ownership claims are litigated.

Chairman Lee framed the bill as narrowly procedural rather than a property ruling. “The Historic Roadways Protection Act simply says this,” continued Chairman Lee. “Until the courts determine who owns these roads, the federal government may not permanently close them. It does not decide ownership. It does not resolve the lawsuits. It just ensures the damage is not done before the law has its say.” Ranking Member Sen. Martin Heinrich, D-N.M., presided over the committee with Lee during a broader markup that included nearly two dozen land, water, and wildfire measures.

The bill responds to a wave of travel management plans that advocates say have closed hundreds of miles of routes. Official timelines note major BLM plans that closed large swaths of dirt roads: the Labyrinth Rims/Gemini Bridges plan closed 317 miles; the San Rafael Swell plan closed 665 miles; and the Henry Mountains/Fremont Gorge plan closed 612 miles. In the Moab area a single plan closed more than 300 miles of roads, with over a third of that mileage alleged to be claimed as R.S. 2477 rights-of-way. State and local filings assert that Utah counties have lodged more than 12,500 R.S. 2477 claims statewide, many still unresolved.

Litigation has already produced victories and orders in some cases. Federal courts have awarded title in disputes such as House Rock Valley Road and Hole-in-the-Rock Road, and a federal district court ordered adjudication of 13 roads in Kane County in 2020 while cases from 22 other counties remain pending. The Bureau of Land Management administers nearly 3 million acres in Utah, about 42% of the state, placing these disputes at the center of travel planning for off-highway vehicle users, ranchers, county road crews, and visitors who seek backcountry access.

Advocacy groups framed the committee vote as a win for public land access and urged mobilization to secure floor consideration. One grassroots outlet outlined next steps and the need to persuade Senate leadership: “This means the bill now moves to the Senate floor. While this is a huge win, there is still substantial work that needs to be done to see this legislation signed into law. First, we need the Senate Majority Leader, Senator John Thune, to understand the importance of this bill so it will be added to the legislative calendar. Senate leadership decides if and when this bill is heard on the Senate floor— as a stand alone bill or if it is packaged in a larger bill. We need everyone’s help to contact their U.S. Senators via the form below to let them know there is strong support for this legislation.”

For travelers, trail managers, and local governments, the committee action preserves existing conditions on many dirt roads for now and buys time for courts to sort ownership. Watch the Senate calendar and leadership moves closely; if S. 90 reaches the floor it will determine whether temporary protections become permanent law or are folded into larger legislative packages.