Well, since the feds have authority over roads through parks and such, the states can save a boatload of money by letting them do the maint. on them, including culvert cleaning, bridge repairs, paving, plowing, etc. I'm sure that 101 has an existing RS2477 ROW. If things went to court, I don't know how it would shake out if pushed hard.
1981 Cherokee W/T, 360, T-18, Warn 8274 in custom bumper/deer strainer (tested and approved)
1988 Cherokee 4 door, 3" Rancho lift, custom sliders/steps, custom roof rack, custom camo paint, custom camo headliner, custom bumpers and Warn 9500 HS, 31-10.50's
Only 31's, but can drag self with either rig
BLM John Day/Snake RAC-OHV Representative
Wolfpack 4x4's - Region 5 - "Cave Lupum"
VP- Outcast Land Use Review Team