Arizona Governor Doug Ducey signed into law HB 2175, a bill sponsored by Rep. Mark Finchem, designed to protect public rights-of-way and keep them open. The bill ensures that the State of Arizona continues to have the ability to exercise control over the legal rights-of-way that date back to 1866.
Under USC RS2477, it is the State that has control over established rights-of-way including roads, canals, pipelines, power transmission and natural gas distribution corridors.
Constituents asked Rep. Finchem for help with securing access to Arizona lands and natural resources. The rights-of-way have been protected since 1866, and US Code, Revised Statute 2477 is a specific statute addressing the issue of closure by the Federal government. Adoption of companion legislation into Arizona Revised Statute will strengthen the authority of sheriff’s and other peace officers to keep open, rights of way such as roads and trails.
HB 2175 had been developed through the collaborative effort of county supervisors, sheriffs, major utilities (water, electricity and gas suppliers), agriculture and citizens. The threat of the Federal government taking action to arbitrarily and capriciously close off access to legally recognized rights-of-way is a threat that Arizonans are not willing to accept. Cases such as the US Park Service closing down the WWII Monument in Washington DC and the US Forest Service’s denial fo access to county roads in the Apache-Sitgreaves and Coconino Forests.
Tombstone has had its water supply interrupted as a result of USFS action that has denied access to the area where a water supply pipeline has been damaged by wildfire. Campers and hunters in the Apache-Sitgreaves and Coconino Forests have been denied access to areas by way of road closures. Cattlemen have omplained of the denial of access to their rightful grazing lands through road closure.
“Two years ago the Apache County Sheriff had to take action to keep a county road open that ran through National Forest area. Federal agencies already lack the authority to close roads and other rights-of-way, but that does not seem to matter. Several Federal agencies have been acting outside of their lawful authority codified in Federal statute to block access of the American people to the quiet enjoyment of their public possession. It is not a far stretch of the imagination to think that if a Federal agency wants to shut down a right-of-way needed by commerce (the stake holders and job creators who’ve helped to craft HB 2175) in order to shut down operations of a stake holder operation it will,” said Rep. Finchem.
“HB 2175 will further codify the protection of these valuable, recognized rights-of-way and empower the sheriff of each county to act when necessary, and in a means necessary to maintain the freedom of navigation and right to travel a way. HB 2175 is an important bill that reinforces Arizona sovereignty and protects our lands, our access to them, our economic opportunity, as well as economic development,” concluded Finchem.