Anyone who reads green propaganda for more than a week or two will discover that the common denominator throughout the literature is misinformation – deliberate, and often outrageous, misinformation.
Among many examples of this propensity to misinform is the current campaign to ignore law that guarantees access through established rights of way on land now owned by the federal government. This law was enacted in 1866 to encourage development of the West. Known as RS2477 (Revised Statute), the law says:
“the right of way for the construction of highways across public lands not otherwise reserved for public purposes [as of 1866] is hereby granted.”
The Highway Robbery Coalition claims that the Federal Land Policy Management Act of 1976 repealed the RS2477 law. Every law relating to federal land since 1866 has honored, or “grandfathered” this RS2477 provision, including FLPMA, which says:
“Nothing in this Act, or in any amendment to this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way or authorization existing on the date of approval of this Act.” Sec. 701(a).
“All actions by the Secretary concerned under this Act shall be subject to valid existing rights.” Sec. 701(h).
“Nothing in this title (43 United States Code Sects. 1701-1784, where FLPMA is found) shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted or permitted.” Sect. 509(a).
This language cannot be construed as “repealing” RS2477.
Earthjustice, a member of the coalition, says:
… the Bush administration revived a 137-year-old loophole – known as R.S. 2477 – to allow special interests to convert old livestock trails, footpaths, even streambeds on our public lands into paved highways.
Much to the chagrin of Clinton-holdovers still in the government, President Bush has instructed agencies to honor the law that the green-filled, Clinton-Gore administration, systematically ignored.
These, often rough and crude rights of way, are essential to people who live throughout the West. The Pilgrim Family in Alaska, and countless other inholders who own private land now surrounded by federal land, must rely on these RS2477 rights of way to access their property. These rights of way often serve as fire breaks, or access routes to firefighters. They are also used by loggers and recreationists. And therein lies the rub.
Greens consider loggers, recreationists and even firefighters to be an abomination on federal lands. The presence of these rights of way prevent the designation of “wilderness,” which would prohibit the presence of the abominable logger, recreationist or firefighter. Therefore, they have undertaken a massive campaign to misinform the public and pressure Congress to strip access to public land – because, in their infinite wisdom, they have determined that the public has no business on public land.
These same green organizations wear many hats, all of which are working to implement the Wildlands Project. People who live East of the Mississippi River, who know very little about RS2477, should learn all they can about the Wildlands Project. It is being implemented in virtually every state, driving people off public land – and private land near wilderness areas. Private land is being purchased by government as rapidly as government can drain tax revenue to fund their acquisition projects.
Land not yet acquired by government is being zoned, condemned or otherwise restricted out of productive use. The ultimate goal is to force people into sustainable communities, and return the land to the pristine condition that existed before Columbus arrived.
This land control, so the greens say, is necessary to protect the planet from degradation by greedy individuals, and profit-hungry corporations. A barely functional Web page of one batch of hogwash, refers to a “property-rights-supremacist group” in its efforts to discredit those who want to honor the law and maintain RS2477 rights of way.
The RS2477 controversy is heating up in Congress. Rep. Mark Udall, D-Colo., has introduced a bill to settle the issue. While the greens call the bill “balanced,” it really puts all the eggs in the government’s basket. Greens need to realize that public lands belong to the public, not to them. The public includes loggers, recreationists, ranchers, miners and even firefighters. RS2477 rights of way are essential – if the public is to have access to, and use of, the land it owns.