This was the Bundy gang of the 90s. The Forest Service decided that it would not rebuild a washed out road along the Jarbridge River in Nevada to avoid impacting the now federally threatened bull trout. The locals threatened to rebuild it themselves. The issue in court became “who owns the road.”
Under the Bush Administration, the Forest Service agreed to not challenge the county’s ownership – a substantive concession that a federal district court has just reversed. The judge said, “Without evidence that Elko County owns the right-of-way, the consent decree gives land of the United States to Elko County without following proper procedural requirements.”
This is how the discretion of federal agencies to settle lawsuits may be limited.
On the question of whether a “road” existed prior to establishment of a national forest, the court required “a demonstration of more than random or merely occasional use.”