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Show Forest Not Available' Interior Department Reviews Paiute Land Opinion George Raine Tribune Staff Writer Three months after an Interior Department legal opinion left the Utah Paiute Indians dismayed that they eould not acquire U.S. Forest Service land for a reservation expansion, the tribe has been buoyed with the news that the government will, at the least, review its position. In January, the Southern Utah-basePaiutes. who are hopeful that Congress will authorize that up to 15,000 acres of land be given them, told the Interior Department they wanted two sections of U.S. Forest Service land in the Fishlake and Manti-LaSforests. The acquisition is a possibility through a 1980 act of Congress that By d restored or coimrmed tribal status to the five bands of Utah Paiutes status that had been terminated in 1954 when it was believed the Paiutes should be assimilated into the mainstream culture. Paiute Wish List In its draft reservation plan, or wish list, the tribe struck raw nerves among some elected officials in Southern Utah and in the Department of Agriculture e tract on the when it listed a south shore of Fish Lake, and a rich section of essentially unleased coal property in eastern Sevier County. 430-acr- First the Agriculture Department legal staff, and then, in May, the Interior Department solicitor issued legal opinions that setting aside Forest withdrawn, appropriated or reserved " But recently. Gov. Scott M. Matheson wrote Interior Secretary James C. Watt, who will submit a Paiute reserva tion proposal to Congress later this year, questioning Mr. Coldirons opinion. This week. Sen. William S. Cohen, R Maine, the chairman of the Select Committee on Indian Affairs, wrote a siimliar letter. In view of the letters, said an Interior spokesman, we are looking at the issue carefully and will be responding to the points the governor and the senator raised. 'Not Consistent' Gov Matheson wrote: "The effect of tliis opinion is to remove from consideration a parcel of Forest Service land Service land was inappropriate because it is not "available public land as provided for in the Paiute Restoration Act. Theoretically, royalities from mill- ions of tons of coal in Sevier County would accrue to the tribe, who saw the land as the ticket to economic recovery, and They also listed several other parcels, totaling 4,800 acres administered by the Bureau of Land Management, in the proposal The opinion written by Interior Solicitor William H. Coldiron states that "'available public lands must be construed as those lands administered by the BLM which are available for disposal; that is, lands which are not selected to opportunity provide the trilie the for economic and This does not seem consistent with the Paiute Restoration Act and policies prompted by this administration." While it was known that Sen Cohen also raised questions about Mr. Coldi ion's decision, his staff and the Indian affairs committee refused to disclose the contents of his letter Three independent sources, however, told The Tribune that the senator argued that the legal opinion was narrow and did not conform to the intent of Congress when it restored tribal status to the Paiutes The 19so act. sponsored by Sen Orrm See Page B-- Column 4 Salt a It e gfibnnr Local TV Fare Nhj. lliiiiio Pajre C--. Saturday Morning, August 21, Section II 1982 Puge One Suspect Charged With Murder Of Boy, Mother I 10-Month-- Old By Mike Carter Tribune Staff Writer The alleged father of the boy whose body was found Thursday in the Jordan River was charged Friday e with two counts of murder for allegedly killing the child and his mother. Although the Salt Lake County Sheriffs Department has not found the body of Carolyn Swan, 312 E. Doreen, Chief Deputy Charles J. Shepherd said his detectives have enough information to charge Julio Gary Valdez, 22, 3319 S Tess Ave. (2910 West), with the two murders. The probable cause statement attached to the complaint signed by Detective C. Garth Beckstead was scaled by 5th Circuit Judge Melvin H. Morris. The charges state that Mr. Valdez intentionally or knowingly caused the death of Carolyn J. Swan, and that at the time the homicide was committed, the defendant also commit- first-degre- Tribune Walking on the way to commencement, BYU students find that friends or relatives wait PhMn Van E. Porter bv to snap a photograph. The universitys summer graduation resulted in degrees for 2,223. Jobless Rate Major Threat to Family, BYU Commencement Speaker Says Diane Cole Tribune Education Editor - Divorce and a mother's PROVO job status can be less threatening to a child's mental health than a familys unemployment, a crowd of nearly 6,(100 was told during Brigham Young University's 107lh summer commencement Friday morning. Degrees were awarded to 2,223 students Friday. Counting graduates from December and April, the Class of '82 now stands at 6,171 the largest in the private universitys history. Urie Bronfenbrenner, a professor of human development and family studies at the New York State College of Human Ecology at Cornell University, delivered the commencement address and received an honorary Doctor of Family Science degree. His speech, heard by such dignitaries and as Sen. Orrin Hatch, general authorities of the Church of Jesus Christ of Latter-da- y Saints, cast aspersions on Reagan aministration policies he believes jeopardize families and the strength of America. By referred to national surveys revealing general pessimism among American youth. "They worry about living even to the end of their high school careers," Dr. He Holland said of todays teen-ager- Widespread Unemployment Of particular concern, he said, are cutbacks in certain programs for the poor. Even more dangerous to families, however, is the widespread unemployment created by current economic policies. In a related speech, BYU President Jeffrey R. Holland challenged graduates to give their children hope for the future by fighting crime, poverty and injustice. 8.7 Urie Bronfenbrenner Speaker and Degree Recipient Curbs Lifted On Willard Bay Waters "They worry about cancer and nuclear war, and they worry most of all about lieing poor. Sense of Responsibility This grim attitude relieves some young people from a sense of responsibility, he charged. After all, if theres not going to be (a future), why try to do anything about it? Dr. Holland told degree candidates they can alter the negative trend by setting examples that teach children to aspire to public service and to live the gospel of Jesus Christ." New economic and social realities are forcing societys basic institutions, including families, to change. Dr. Bronfenbrenner said. While BYU maintains a traditional commitment to families, he noted, Americans in general are jeopardizing the nations survival by withdrawing their commitment. The truth affirms the unique power of family and community to create and sustain competent and compassionate human beings, he said. "To disregard that truth, as our nation is in danger of doing, is to undermine the greatest source of our strength as a people, our future as a Republic. Wherever Children Are' America must focus its resources and value commitments on families, which are wherever children are, the family specialist said. Dr. Bronfenbrenner discussed three trends affecting American families: See Page B-- Column 1 Special to The Tribune Box Elder County Swimming and boating restrictions on Willard Bay were lifted Friday, one week after the stench of dead carp became apparent. An estimated 15 to 25 of carp eventually washed ashore. In Brigham City, Bob Wilson, sanitarian for the Bear River District Health Department, said the bay never has been particularly pure water for swimming, but now the bacteria count is down to normal. A reason for the fish kill has not been obtained, he said, but carp normally die during the summer spawning season. This year an unusually large number died and washed up on recreation beaches, cutting the visitors to Willard Bay by more than 90 percent. Most of the dead fish have been removed, Mr. Wilson said. Ron Goede, director of the Utah Division of Wildlife Resources' experimental fish hatchery in Logan, speculated that high concentrations n of algae in the shallow water released toxins that killed the WILLARD, blue-gree- fish. The carp spawn in the shallow areas while other fish in the bay stay in deeper water. 3, City-Count- apparently left her and was planning to marry another woman next month. It states that people interviewed by detectives said Mr. Valdez was upset aboift the action she is taking to establish that he is the father of the child. That, detectives believe, was tlie motive for the murders. Body in River Christopher Swans body was discov--ereThursday lodged with driftwood, and debris at the diversion gates between the Jordan River and the Surplus Canal near 2100 South by crews from the Salt Lake County Flood Control Department. An autopsy performed on the child showed that he had drowned. d Salt Lake County Attorney Ted L. Cannon, in announcing that two counts of capital homicide would be brought against Mr. Valdez, noted that, although it is unusual to charge some- body with murder without finding the body, it is not improper. The probable cause statement indicates that the facts are sufficient to support two counts of murder, Mr. Cannon said. "It is our expectation that the bixiy will be found." State Gets Cleanup Plan, But Faces EPA Penalty By Jim Woolf Tribune Environmental Writer The stage was set Friday for the Environmental Protection Agency to impose "sanctions" against Utah because of its failure to produce an acceptable air pollution cleanup plan. It occurred when members of the Utah Air Conservation Committee unanimously adopted a revised cleanup plan that claims an automobile inspection and maintenance program will be operating in Salt Lake and Davis counties by Dec. 31. Before approving the plan, committee member Noel H. Denevers conceded there is not one chance in 20 that an I&M program will actually be in place by that date. Program Deadline The federal Clean Air Act requires that I&M programs be operating by the end of this year in areas with substantial pollution problems. Salt Lake and Davis counties have been identified as polluted areas. If the I&M programs arent operating, EPA is required to impose sanctions or penalties against the state. These could be cuts in federal highway and sewage treatment funds allocated to the two counties, or a ban on major industries locating in the two counties. ' ' : Brent Bradford, director of the Utah Bureau of Air Quality, said EPA has , threatened to impose sanctions against. ; Utah since 1977 because of the state's " lack of progress on an I&M program. "EPA has backed down each time ip the past. The question is; Will ERA; impose those sanctions this time?,'-asked Mr. Bradford. Joseph A. Cannon, associate admmis--; trator of the EPA, said Friday his J agency has every intention of imposing the sanctions. While top EPA officials . have doubts about the effectiveness of an I&M program, Mr. Cannon said the requirement for such a program is clearly spelled out in the law. Until the Clean Air Act is changed, EPA intends to enforce it, he said. t Bitter Debate A change in the Clean Air Act eliminating the requirement for I&M programs had been expected this year the act. when Congress However, Mr. Cannon said bitter de-- f bate over some of the proposed changes See Page B-- Column 3 -- J - 4 Y esterdays Chuckle ; Teacher at a PTA meeting. "I prefer to teach in an elementary school. I know Ill have a place to park my car. Jump in 481 Traffic Fatalities Rise, State to Crack Down By Jon Ure motorcycle and large truck fatalities decreased in 1981 from 1980 while Tribune Staff Writer vans The number of deaths in automobile deaths involving pickup trucks, and vehicles account accidents in 1981 in Utah was 321, an 8.7 for most of the increase. percent increase over 1980, and the 1972 a Record Year Utah Highway Safety Division expects road deaths will continue to increase as And, the report states, Utah has yet to the state grows. match its record year for fatalities That gloomy prediction, however, is 1972, when 382 people died on the lieing fought by targeting drivers who highways. in accidents, acare Reducing the maximum speed limit cording to the divisions 1981 Traffic to 55 mph in 1974 contributed released Accident Summary Friday. "significantly to a decline since 1972. "Such groups of drivers are the The slowdown, a product of the energy drinking driver, young driver and the crunch, has created only a short-rang- e driver with large numbers of violations decline. on record," the report states. Along with the energy crunch came increased development of Utah reIncreased Attention' the report points out, resulting Identifying, licensing and control of sources, those drivers "wil; receive increased in "boom situations and an overall from the division, which increase in population which is exattention pected to reach 1.75 million in 1985 and oie rates under the Utah Department of almost 2 million in 1990. Public Safety. Today there are more than 900,000 Once done, legislative proposals must licensed drivers in Utah and by 1985, in to the order deul with be formed to the report, more than 1 according groups most responsible for highway million will be driving, thus increasing to division spokescarnage, according of accidents. the probability man John Dame. Another effect of the energy crisis, Mr. Dame is already working with the report says, is that drivers are law enforcement agencies and public using economy cars which are less safe. drivers. to inebriated deter groups "It has been demonstrated, the report Resources will also be focused on says, that injurious accidents are twice programs to reduce crash severity by as likely for the occupants of small increasing availability and use of cars. safety equipment, such as motorcycle And are turning to other helmets, safety belts and harnesses and methodspeople of travel, such as walking, child restraints, See Page B-- Column I The report itoinls out that pedestrian, "over-involve- ted another homicide that of the infant boy. Echoes First Count The second count echoes the first, in that Mr. Valdez allegedly killed Christopher Swan while committing the murder of the boys mother. Both charges are capital offenses, with a possible punishment of either life imprisonment or death before a Utah firing squad. Mr. Valdez, who was arrested Thursday after the discovery of the boy's body, is being held without bail in the y Salt Lake Jail. Meet Mr. Valdez Carolyn Swan and her son had been missing since Aug. 13, after the girl disappeared from the comer of 301) E. Doreen. She apparently had told her father she was going to meet Mr. Valdez to let him see the baby and to collect some money the defendant owed her, according to an affidavit filed by sheriffs detectives in order to obtain a search warrant for Mr. Valdezs truck last week. That affidavit also states that Carolyn Swan had initiated a paternity action against Mr. Valdez, who had i r j w.'. tv, t X-- . ? 4 , t. 4, d 3, ,7 - V? T- wil 2.?-- 1 ';4V y?j, V, ,1,2 ninHini- r- dwi m&WHt xt V" F S8, y ' " ' 4 - TnOur $taM Phofo bv lvnn R Weather Will Be Good for Fishing Over Weekend The weather was just right for trout fishing at Silver Lake in Big Cottonwood Canyon near Brighton Friday as highs were in s and there were a few high clouds. The outlook for the weekend is more partly cloudy skies with some isolated showers. mid-DO- Sunday, a drier system will move into area, bringing clear skies, warmer temperatures. Lows in Highs will be in mid-DO- s. mid-GO- s. Johnson |