Recently Governor Jon Huntsman Jr, and the Utah State Attorney General announced through the media they intend take the radical extreme enviro's to court, challenging them on who has control over the roads in the state of Utah. In particular, the San Rafael.
When the territory of Utah after agreeing to abolish polygamy, became the State of Utah, it then came under the direction of the Enabling Act 1868. Section 8 of this act states, "An Act Granting Right of Way to Ditch and Canal Owners and for other purposes.
The law more commonly known as the Mining Act of 1866 which was revised in 1872 under the revised statute RS 2477 grant, in its entirety says; "the-right-of -way for the construction of highways over public lands, not reserved for public uses is hereby granted."
The grant does not state the right of way must be graded, graveled or black topped. Various environmental groups have read words into the act in trying to alter its intent. Using the Federal
Land Policy and Management Act of 1976, Public Law 94-579, from the 94th Congress. It says in it it is "An act to establish public land policy: to establish guidelines for its administration: to provide for the management, protection, development, and enhancement of the public lands; and for other purposes."
It is this last phrase, and for other purposes, the enviro's have launched their campaign. When this act and all its working regulations were drawn up and put into place it then became the working tool for the enviromentalists. They started to insert their interpretation of the act.
Their aim and desire to close all roads, including those that are graveled, graded but not kept up in a condition that a 1976 automobile can traverse it at normal speeds.
Now is the time for all World War II veterans, who laid their life on the line for these rights, all uranium prospectors, all cattle and sheep men who have traveled these roads before 1976, to write the attorney general giving dates, stating facts, of when you traversed over any or all of the roads in the San Rafael area.
Any failure to respond and get involved will not only be hurting our governor and attorney general in their fight to protect your rights, but the biggest disappointment will be unto your posterity. That is your children, grandchildren and great-grandchildren and those that follow.
It could be said that in your failure to get involved you are aiding and abetting the Southern Utah Wilderness Alliance.
Evil people rule, When good people do nothing.