BLM writes:
"An examination of the earlier chain of title clearly indicates that the owner of the 40-acre property in question is allowed ingress and egress, which clearly limits the ingress and egress to the United States and its agents, not Ms. Fry or any other member of the public."
This is technically correct although not very well stated.
From BLM Manual Section 9113: Bureau roads are for the use, development, protection, and administration of public lands and resources, "and generally open to use by the general public," are not public roads. Bureau roads are subject to rules and regulations of the Secreatry of the Interior, and, although public use is generally allowed, roads may be closed or use restricted to fullfill management objectives such as protecting public health and safety or preserving resources. ... Bureau roads which no longer support a management objective (timber sale, range improvement, etc.) are obliterated and revegetated."
The public acquired the land and the easement. However, BLM has the right to designate roads on public land (such as Moss Mill Rd.) as open or closed.
The WEMO plan is currently being finalized and the status of these routes will be determined by the Barstow Field Office. They are required to involve the public in this process.
As we have seen, WEMO has been subjected to internal manipulation and the window for public particpation was very brief and little-publicized.
Katrina was at the meeting at the Green Tree and undoubtedly provided comment.