B-300912: Feb 6, 2004

This legal opinion responds to a request concerning actions by the Dept. of the Interior in recognizing rights-of-way across public lands granted by Revised Statute 2477 (R.S. 2477), through use of a Federal Land Policy and Management Act sec. 315 (FLPMA 315) disclaimer-of-interest process, which DOI incorporated into an April 2003 Memorandum of Understanding with the State of Utah (Utah MOU). We...

B-300912: Feb 6, 2004

/1/ or the Utah MOU entered into in April 2003 /2/ is a "final rule or regulation . . . pertaining to the recognition. Your request raises a number of legal issues as to which no court has ruled to date and as to which there are a range of colorable arguments. Is a final rule or regulation prohibited from taking effect by Section 108. Is hereby granted." /4/ R.S. 2477 was self-executing and did no...