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Show x Utah Sts-t- Prg ss Assn, 1327 I0? halt jaKe City t Ut, 84110 Wednesday, May 18, 1977 Price, Utah 86th Year Number 20 30 By JOE ROLANDO Staff Writer The Bureau of Land Management came under attack Friday for allegedly exceeding its authority under the Federal Land Policy and Management Act of 1976 to close 26,927 acres in the Deep Creek Mountains in west central Utah. The complaints from Utah Governor Scott M. Matheson and Rep. John M. Garr and Rep. Mike Dmitrich, both County), came during House Subcommittee on Public Lands and Indian Affairs hearings at the College of Eastern Utah. asked for the hearings in Rep. Gunn McKay response to a mountain of protest about the BLM exceeding its power in writing and enforcing regulations. (D-Uta- Gov. Matheson protested the failure of the BLM to consult and inform him about the closure of Deep Creek. He said he realizes the withdrawals portion of the Federal Land Policy and Management Act, commonly known as the Organic Act, does not require consultation. But, I hope that action is not indicative of what we should expect, he added. Matheson said, I think the one most important aspect of the BLM Organic Act is that it clearly shows the crucial need for a closer working relationship between the states, localities and the federal government. We must have the opportunity to participate in federal rule making from the beginning of each process. State BLM Director Paul Howard said the state was notified about the closure. This brought McKay to elaborate on the governors statement. The governor protested the failure of the BLM to include his office in the decision process rather than the notification after the decision was made, the Congressman declared. Howard said the action to close Deep Creek occurred because of mining activity and the possibility of new mining claims. Mining would threaten the unique ecology system and unevaluated archaeological sites. I Atlas Minerals of Denver, Colo, had filed mineral claims in the Deep Creek area. Atlas President A.E. Dearth said his company had received approval March 24 from the BLM office in Richfield to construct a road to serve its claim area. Soon, a number of state offices asked Atlas to drop construction plans for a number of reasons, including the protection of archaeological sites there. Dearth called a request of Atlas for a mining plan an unusual activity on behalf of state agencies, since the company was planning initially only to construct a road. Dearth testified. Im offended. News articles infer that Atlas was going to tear down the whole mountain. Our intent was to move boulders to gain access, Dearth said. (Continued on page 2) BLM will enforce act in county Price River Area Bureau of Land Leon Director Management Berggren told the Carbon County Commission Tuesday night that the BLM will be in the law enforcement business somehow with the passage of the Federal Land Policy Management Act of 1976. Berggren Dominguez appeal fails com- presented Court affirms verdict missioners with a copy of the act, which is also know as the Organic Act. The enforcement of the act will be either by private enforcement hired by the BLM or by an agreement with the county to provide an officer, Berggren said. By JOHN SERFUSTINI done Managing editor The Utah Supreme Court has upheld a Seventh Judicial District Court conviction of a Carbon County man who pled insanity and served as his own counsel in an aggravated When asked if the enforcement will be the control of grazing permits and monitoring of numbers of livestock, Berggren said no. He said the enforcement would be more protection of federal employees who work on BLM lands. assault case. A subdivider, Marston said. He asked the commissioners if a bond was required or a letter of financial backing from a loaning institution Harold Marston told the Commissioners Monday night that the subdivision ordinance does not spell out exactly what is required in certain areas of a subdivision. The commissioners decided to allow Marston to present a letter of credit from the loaning bank as the financial guarantee. of what financial guarantees must be presented by the definition u.gy. would do. Marston also asked the commissioners to specify what type of road the county will accept as part of the county system. Commissioner Jim Simone said the county would not jur, found Rudy Dominguez guilty June 23, 1976, of stabbing Joe Albert Valdez during a scuffle in a Price bar Feb. 29. Judge Edward Sheya sentenced Dominguez to a term not to exceed five years in the Utah State Prison. Dominguez appealed to the Supreme Court on the grounds that the court should not have let him r present himscl" and that Sheya Oil firm gets drilling tights Berggren also noted that the county would have to apply for right of way permits before it can construct a road across federal land. He said any right of way decision will be made in Utah. man has asked the County Commission to use his application for a subdivision to set standards for subdivisions in the county. One area which is not completely clear in th ordinance is the lack of Shamrock Oil Company has signed a gas and oil lease with Carbon County and will be drilling for oil near the state camping facility at Scofield Reservoir. The County Commission approved the lease Monday night after checking with several area agencies which are concerned about possible contamination of the reservoir water. accept a road in a subdivision which is not blacktopped. Simone said if a road in a subdivision is not blacktopped when the county accepts it, it will never be blacktopped. Simone said the county will not subsidize those in a subdivision by blacktopping the road when there are many roads in the county which need Shamrock representative Jack Blankinship said his firm will case the well completely so that no gas or oil will seep into the water. He also explained that a fault lies between the proposed well and the reservoir the surfacing. The commission granted tentative approval of the subdivision. which would tamination. by JOE ROLANDO Staff Writer Chicanos comprise about 10 per cent of the students in the Carbon County School District. They come from families who have tried to emphasize a sense of appreciation for their unique culture while stressing the importance of the opportunities the United States of- the defense of insanity. In a three-pag- e opinion, however, The the Supreme Court stated, District Court was meticulous in its questioning of the defendant and went to great lengths to explain the trial procedure and what would be expected of the defendant at the trial." Judge Sheya had called two hearings to tell Dominguez the dangers of serving as his own lawyer. The judge then explained court procedure to the defendant when Dominguez would not accept a lawyer. court-appointe- d Sheya appointed attorney Mike Jensen as standby counsel to advise Dominguez on the law. prevent water con- We havent gotton the Federal government off the dime, Blankinship said Tuesday. He said the firm must have the leases in hand the when they drill for oil. If they dont have them, the federal government can take the reserves over and put them up for competitive bids, he noted. Blankinship said the action by the county commission Monday night was just a formality to get the action in the minutes of a meeting. He said the county commissioners approved the lease earlier. The Supreme Court also ruled that Judge Sheya was right in the insanity instruction to the jury. Sheya said insanity can exist when the defendant is irresponsible or partly irresponsible. Dominguez insisted that the judge had used what is called the combination test. This requires that the defendant be totally impaired, Dominguez argued, but tne top court ruled that even if the combination test is too stringent, Dominguez could not claim it in an appeal because of the judges instruction included partly lrrespwiisiDie. A language assessment of Chicano students in the spring of 1976 prompted the boards decision. It showed no students spoke only Spanish; 16 spoke mostly Spanish with some English; 101 were bilingual (able to speak both Spanish and English) ; 299 spoke English with some Spanish and 33 spoke only (Continued on page 3) Friday, May 20 Open While Chicano youngsters live this w inconsistent identity, cultural traits, set them apart as a unique fein. English more out of necessity dominates; and the colorful history of their ancestory fades into obscurity. which people, The same holds true for students of Italian, Greek and Austrian decent. This is why the Carbon County Board of Education is looking for someone to fill an administrative position to relate to students of ethnic descent and determine their educational needs. Contest winners The person would direct the Bilingual Language Program and work in the Adult High School Completion Program. districts The state has appropriated money for bilingual and adult high school education to pay an administrator. In January the district can apply to the federal government for additional money. Aa I English. fers. Price Elementary School receives congratulations from Dennis Rigby, for his poster. The Chamber of Commerce will have trucks to pick up trash in Price, Helper and East Carbon Saturday. failed to instruct the jury properly on Schools aid minorities '4Mfiwwr For a little bit of art talent and a few hours work. Reeves Elementary students Scott Behunin, left, Rickey Campbell, center and Lee Caughman earned a $5 savings account Pitch In" cleanup campaign for these posters. Patrick Martinez, right photo, from 15c This request followed threats of suing Atlas and invalidating its mining claims for failure to leave the area, Developer wants subdivision law A Carbon County Pages Kenilworth opts for dry lawns The Kenilworth Water Board has ordered a halt to all outside watering this summer. Board members said that the move is necessary to comply with Price Citys recent 7,500 gallon per household per month limit. of May 15, persons caught watering lawns and gardens will have their water disconnected. It will cost them $100 to have their water turned on again. As The old mining town has no individual meters. This means that the whole town will have to meet the limit as a unit, board members explained. f 1 ' i idU 'til8p.m.& later Sponsored by Price Retail Merchants Association Boyack's Sunset Sports PTC Apparel Mimi's Fashions She-Sh- e Shoes Rustic Interiors Checkpoint Lee's Music njmieys Jeanne's Touch The Right Record Shop Ream's Jewelry Hard Hat Sears Richards Toggery Jack's Shoes The Red Balloon Jim's Home Entertainment Mode O Day Bill's Home Furnishings Kids Shoe Store Sweetbriar |