| New policy could improve access
to federal lands in Kern
(Note: It's all about access. You're not on public land if you're not free to go there. You're not free if you're not free to go!) February 7, 2003 By Bill Deaver Desert News The Mojave Desert News online 8046 California City Blvd. California City, California 93505 760-373-4812; 800-541-4460 To submit a Letter to the Editor: news@desertnews.com East Kern, California - A Bush administration policy change that may increase public access to tens of thousands of miles of rights of way on federal land in the Western United States is being studied by Kern County planning officials for its potential impact on roads in the county. Hailed by off-highway-vehicle enthusiasts and criticized by environmental groups, the policy involves the Feds' interpretation of "Revised Statute 2477," which became law in 1866 and was aimed at encouraging settlement and development in the Western United States. The statute granted rights-of-way for roads and highways on public lands that had not already been set aside for public use, Kern County Planning Director Ted James told county supervisors in February of last year. In Kern County, numerous road rights-of-way, mostly in the East Kern desert, were acquired between 1866 and 1976, when the statute was repealed by the Federal Land Policy and Management Act (FLPMA). "These routes have been essential for transportation and public access," including fire protection, search and rescue, law enforcement, and other public purposes, James told supervisors. County asserted rights Lorelei Oviatt, who monitors state and federal actions for the Kern County Planning Department, said the county has already asserted its RS 2477 rights. "Kern County has asserted our RS 2477 rights, just like San Bernardino County," through a resolution passed by supervisors, and the county is still evaluating the Bush Administration action. According to news reports, the new policy allows local officials to claim rights to tens of thousands of miles of rights-of-way across public lands, which, as Oviatt noted, Kern has already done. According to reports, the Bush Administration action requires the Bureau of Land Management to rule on the validity of local claims. "We're still evaluating the usefulness of these new rules," Oviatt said, explaining that the county wants to know if the new rule "provides more than what R.S. 2477 provides -- we're not sure yet." The new rule has been being developed since last February, Oviatt said, adding that the county has been following its development. "We're assessing it to see what situations we can apply it to." |