At a recent U.S. Senate Energy and Natural Resources Committee meeting, Senator Martin Heinrich (D-N.M.), the Ranking Member, called attention to the absence of conservation bills on the committee's markup agenda. Heinrich expressed disappointment that no measures were being considered to protect additional public lands.
“I am disappointed that there are no conservation bills under consideration today,” said Heinrich. “No bills that would protect even one more acre of public land for our children and grandchildren.”
Heinrich also raised concerns about S.90, The Historic Roadways Protections Act. He warned that this legislation could delay Bureau of Land Management travel management plans in Utah for decades and complicate the administration of these lands.
During the discussion, Heinrich emphasized the need for careful planning regarding road access on public lands to avoid increasing wildfire risks and harming natural habitats.
“We need access, but not at the cost of more human caused wildfires. Which means that we need to actually plan what roads should stay open and which ones cause more harm than good,” he stated.
Heinrich further explained the complexity involved with R.S. 2477 road claims in Utah, noting there are over 12,000 individual roads covering nearly 36,000 miles. He argued that it would be unfeasible for courts to determine which roads qualify under a grandfathering provision from 1976 in a reasonable timeframe.
“There is no way for the courts to figure out which of these 36,000 miles of potential roads qualify for the grandfathering provision passed by Congress in 1976 in a timely manner,” he said.
He cautioned that supporting S.90 would effectively freeze agency actions indefinitely while waiting for court decisions: “So, supporting this bill would effectively halt any agency actions indefinitely.”
The senator pointed out that federal law requires balanced use and development on public lands through resource management plans developed by agencies like the Bureau of Land Management (BLM). These plans include travel management components created with input from various stakeholders who use public lands.
According to Heinrich, most wildfires are started by people—88%—and almost all human-caused fires begin within half a mile of a road—95%. This underscores his argument that land managers must weigh both access needs and environmental risks when determining which roads should remain open.
Heinrich concluded by urging colleagues not to restrict land managers’ ability to resolve longstanding road disputes using available administrative tools rather than relying solely on lengthy judicial processes.
A video of Senator Heinrich’s remarks during the February 4th committee meeting is available here.
