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[RC] mammoth trail closure - Lynn White

When the Federal government was trying  shut my agency
out of some right-of-way access for materials sources
for state right of way, I came accross this:

http://www.gao.gov/decisions/other/300912.htm

It's basically RS 2477.  It's an old law/regulation
that was make back in the mid 1800's to enable mining
and roadways right-of-way.  It was ammended in 1976. 
Basically, what it says is that there is right of way
for ANY road, trail, bridlepath, or two-track that
enables people to get into or accross ANY Federally
managed land.  It takes precidence over National
Parks, Wilderness Areas, etc.  If I am correct, it is
incumbant on the Federal agencies to prove that the
trail/road is younger than 1976 in order to prevent
access to it.  Under RS 2477, the Federal government
is supposed to protect this right of way, not shut it
down to a use that preceeded 1976.  I'm probably not
100% correct on this, but this could be used to keep
this trail open.

It's a very controversial law, and enviornmentalists
who want to shut everyone out of wilderness are just
as emotional about it as people who want to re-enter
an open pit mine.  But all I can say is READ RS 2477
and use it to protect your access!



Lynn

"Horse sense is the thing a horse has which keeps it from betting on people"

-W.C. Fields


     
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