This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond. It is about the abuse, by government agencies, in the two decades prior to the first fire.
Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.
On May 22, 1997, Bob Hiller, author of the draft opinion dated February 27, faxes a revised draft {163-171}. The revised draft is as follows:
Subject: Potential Revised Statue (RS) 247 Claim by Hammond Ranches, Inc.
Issue:
You asked for a review to determine
whether Hammond Ranches (Ranch) may have a valid RS 2477 claim of a
stock driveway for moving livestock (cattle) across Malheur National
Wildlife Refuge land. The route is shown on Fish and Wildlife Service
(Service) map Exhibit 1. The Service has told Hammond Ranches they do
not have a right to use Refuge land without a Refuge Special Use Permit
(SUP). The Hammond’s say it is their historic right to use the route.
However, to date, they have not asserted the right of use of the
driveway based on RS 247. To resolve this dispute we need to refute the
historic use claim and potential RS 247 assertion, and uphold our right
to control use on the Refuge. One method of controlling and authorizing
stock driveway use is to grant a SUP.
Abbreviated Revised Statue (RS) 2477 History:
Revised Statute 2477 is an 1866 Act
(Federal law) “granting” highway rights-of-way over Federal public lands
stated in deceptively simple language:
“The right-of-way for the construction of highways over public lands, not reserved for public uses, is hereby granted.”
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