BLM Bald Knoll decision a precedent?

A national coalition of environmentalists has accused the Bureau of Land Management of conspiring to "surrender control" of a road that crosses federal land in Kane County.

The coalition — comprised of The Wilderness Society, the Southern Utah Wilderness Alliance, Wild Utah Project and the Center for Biological Diversity — said Tuesday that it objects to the BLM's preliminary non-binding determination that Bald Knoll Road is a valid R.S. 2477 public right-of-way. One attorney is concerned that the decision may set a national precedent.

Rep. Mike Noel, R-Kanab, said the coalition is spreading "bald-faced lies."

"There's no question that road has always been maintained by the county. There is a good, solid record of that," Noel said. "There is no question in my mind, or anyone who understands what R.S. 2477 is all about, that the BLM did an excellent job evaluating the data and coming to the conclusions that they did. This road belongs to the citizens of this county and sovereign state of Utah."

The preliminary designation means the BLM has tentatively ruled that Kane County and the public have a historic claim to use motorized vehicles on the rough, nine-mile road, which is near the Grand Staircase-Escalante National Monument.

"Kane County's application (to designate Bald Knoll Road as an R.S. 2477 route) contains illegible aerial photos, an undated map and contradictory stories from a few residents," said Ted Zukoski of Earthjustice, another environmental group voicing opposition to the BLM's proposal. "Kane County admits that it has no official records concerning highway construction or maintenance during the years necessary to prove its claim. For this reason alone, the BLM must reject the county's application."

Kane County Commissioner Mark Habbeshaw said the county has "followed to the letter" what was required of it by the federal government's designation procedure, which stems from a ruling issued by the 10th Circuit Court of Appeals in Denver.

"All that is required for a nonbinding designation on Bald Knoll Road is for the county to submit a preponderance of evidence," Habbeshaw said. "We think we have far exceeded that burden. If SUWA didn't like the court's decision, then they should have appealed it to the Supreme Court, and they didn't. They just don't like any roads."

The road, which is rutted and requires high clearance to travel over, is slated for improvements if the BLM's decision stands, he added.