this man and his ancestors have been grazing their cattle on
this land since the 1870's !!!
Nevada didn't become a state until 1864 , Im going to
guess that this mans ancestors played a very important role
in the establishment of and the economic development of the
State of Nevada.
when the BLM gained access to these lands Im
certain there were provisions made for the public who were currently using the lands.
in that all current permits , leases , agreements , contracts
that allow the public to use the land at the time of the
acquisition of the land by the BLM would remain in place and would not be dishonored by the BLM.
The BLM’s multiple-use mission, set forth in the Federal Land Policy and Management Act of 1976, mandates that we manage public land resources for a variety of uses, such as energy development, livestock grazing, recreation, and timber harvesting
http://www.blm.gov/wo/st/en/info/About_BLM.html 43 U.S. Code § 1769 - Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and conditions
(a) Nothing in this subchapter shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted. However, with the consent of the holder thereof, the Secretary concerned may cancel such a right-of-way or right-of-use and in its stead issue a right-of-way pursuant to the provisions of this subchapter.
from what I understand this man has not consented , he is
the last man standing who has not consented.
his right of way is not and never will be affected by the
Federal Land Policy and Management Act of 1976 unless he
consents.
he cannot be charged with a violation because he never
gave his consent therefore he does not fall under the
jurisdiction or laws or regulations set fourth in the bill.
others have consented and they are affected by the bill.
Title 43 U.S. Code.
http://www.law.cornell.edu/uscode/text/43/315 43 U.S. Code § 315 - Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights
Whenever any grazing district is established pursuant to this subchapter, the Secretary shall grant to owners of land adjacent to such district, upon application of any such owner, such rights-of-way over the lands included in such district for stock-driving purposes as may be necessary for the convenient access by any such owner to marketing facilities or to lands not within such district owned by such person or upon which such person has stock-grazing rights.
grant = gift
I suppose the next thing that needs to be established is
whether the land in question is located within the jurisdiction boundaries of the U.S. Code.
is the State of Nevada located within the boundaries of
the United States of America?