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However, we don’t believe RS 2477s are necessary to secure access for subsistence, access to inholdings, or for traditional activities. ANILCA already provides access for those purposes. Section 1110(b) states that the State or a private land owner “Shall be given by the Secretary such rights as may be necessary to assure adequate and feasible access for economic and other purposes...” And that “Such rights shall be subject to reasonable regulations.. .to protect the natural and other values of such land.” Granted, we’ll argue over ANILCA’s definition of “adequate and feasible” and what’s a reasonable regulation, and we’ll argue over what’s included in the traditional activity guarantee found in Section 1110 (a). But working within ANILCA, a modern law developed and adopted by people still living, is a far better basis for public discussions about access than RS 2477, a single sentence in the 1866 mining law that lacks any real clues about what Congress intended 148 years ago. Instead of fighting over where trails might have been, let’s identify access needs and work out our differences about what’s reasonable, feasible, and traditional within the context of ANILCA.
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