BLM DENYING PUBLIC ACCESS TO COUNTY LAND
By Attorney Jack
Swift, JD
October 9, 2014
NewsWithViews.com
Josephine County, Oregon -- In January, SORA (Southern Oregon Resource Alliance) petitioned the Board of Commissioners seeking the adoption of an Open Roads Ordinance. The proposed ordinance would prohibit the closure of an established route of travel over public lands. SORA did this out of concern for a rapidly disappearing recreational resource. In spite of repeated requests, the Board has failed to take up the issue in seven months.
As an alternative, Commissioner Hare has undertaken to engage the Association of O&C Counties in a policy of opposition to road closures but has not found much concern for the issue.
The
BLM made a public presentation at a weekly business session in August
explaining the peculiar complications of road easements and rights of
way in the checkerboard of Oregon and California Railroad Lands it must
administer locally.
There was a distinct implication that a lot of gated roads are the fault of private property owners. Confronted with specific questions, the BLM man in charge indicated that he was not prepared to speak to a host of specifics. He promised to get answers back to Commissioner Walker. There has been no indication that he has done so.
Fortunately,
a deal of BLM information is available to the public and subject to
scrutiny. Besides the colorful District Maps the BLM provides the public
which highlight designated “scenic byways,” the agency also
has resource area
“Transportation Maps.” These are a great deal more inclusive,
going so far as to locate and identify gated, bermed and de-commissioned
travel ways. There are two such transportation maps for the Grants Pass
Resource Area. One for the north and one for the south. The demarcation
line for the north and south sectors is basically a line from Mt. Sexton
down Grave Creek and on down the Rogue River.
The
north sector includes portions of Douglas, Curry, and Coos Counties.
A review of the transportation maps discloses that SORA’s concerns
are not illconceived.
It is
documented that in the Grants Pass Transportation Area there are
203 closed roads. Five of those closures are on Forest Service lands.
There are 64 gates associated with private property. 24 such gates are
actually on private land, which is, of course, not an issue. 40 are adjacent
to private land, which may or may not be a function of easement problems.
That leaves 134 closures of roads exclusively on BLM property. Thus, for
every private closure there are nearly 6 public. It would seem clear that
the driving force in this issue of road closures is the BLM.
The distribution of the road closures is curious. North of Mt. Sexton, the BLM has closed a total of 2 roads. In the south sector, located exclusively in Josephine County, where the Board of Commissioners has twice sent official notification of its opposition to road closures, there have been 132 closures.
It is
clear that we in Josephine County are dealing with a local problem. This
explains the lack of concern on the part of the Association of O&C
Counties that Commissioner Hare encountered. Accordingly, if the problem
is to be addressed, the Josephine County BoCC must deal with it.
203 closed roads in the local woods and mountains is a problem. Here in southern Oregon we are blessed with a legacy of roads and jeep trails that provide access for fire-fighters, loggers, prospectors, hunters, fishermen, campers and sight-seers. And access is what it is all about. 70% of this county is public land owned by the government. 60% is public land managed for multiple use which, in today’s ecological environment, comes down to recreation. In the absence of roads and the access they provide, these lands would de-facto wilderness, benefitting no one.Scenic By-ways are not limited to those roads designated by the gurus in the BLM. Every road and trail in our mountains is a scenic by-way. Their enjoyment is part of our heritage and will be our legacy to the coming generation.
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We were able to grow up exploring and discovering the wonders over the next rise and around the next bend. We should not deny that opportunity to the next generation. The issue is significant. It is a matter of recreation and the enjoyment of nature. The issue is important. It is time for the BoCC to confront it. At the very least, if the BoCC lacks the will to adopt the proposed ordinance, make it a matter of referendum to the public.
Jack H. Swift, JD
Vice-Chairman, Southern Oregon Resource Alliance
© 2014 Jack Swift - All Rights Reserved
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This ArticleJack Swift is an retired attorney.
Actively involved in the Republican Party and local politics, Jack would
love to see honest Constitution following representatives in local Josephine
County government. Jack believes if we are to save America from the grip
of evil, people must get involved on the local level and expose wrongdoers
at every opportunity. He is putting that belief in practice.
E-Mail: jhswft@earthlink.net
