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Show ITINTTAH BASIN Eagle feather case involving Neola man sent back to court STANDARD. August 13. 2003- - PaiicJj Probe of Indian Trust case finds Norton clean, justice disorganized Freedom Restoration Act of The 10 UjS. Circuit Court of ApAn internal investigation has Utahn Raymond S. Hardman peals in Denver ordered Utah trad Religious 1993 only ifthe restriction furthers cleared Interior Secretary Gale Norton (Neola) and Samuel Ray Wilgus Jr. judges in both cases last week to detercompelling government interest and of misconduct in her oversight of a (Davis County) are not American Indimine whether the restrictions violate is the least restrictive means to do so. lawsuit challenging her departments ans, but say they should be able to uae the Religious Freedom Restoration Government attorneys argued the handling of more than 300,000 Ineagle feathers for religious purposes. Act. two compelling dian trust accounts, but the report safeguard regulations A federal appeals court has ordered appealed under the Bald and interests; the protection of eagles and also charges that her department has the two cases be sent back to Utah Wilgus Golden Eagle Protection Act his conthe preservation of American Indian been paralyzed by the dispute. judges to weigh whether the federal viction for possessing 141 eagle feathculture. The investigation, made public government can prohibit ers without a permit in 1998. Both goals are compelling and the Tuesday, said that the Interior's agenIndians from possessing eagle Under the Migratory Bird Treaty court agreed, noting the eagle is "the cies are so divided and disorganized feathers. Act, it is illegal to possess golden eagle symbol ofour nation, heigh teningthe that they could not have conspired to Hardman appealed his conviction feathers without a permit The Bald governments interest on keeping the destroy key documents, as lawyers for under the Migratory Bird Treaty Act. and Golden Eagle Protection Act alviable, and the governments a group of American Indians have alFeathers given to Hardman as a gift lows American Indians to use eagle species "historical obligation to respect Na- leged. were seized from him in 1996. in ceremonies. tive American sovereignty and to pro"... We are convinced that in a deA quote from Hardman's attorney parts religious tect Native American culture. Eagle feathers and parts are colwhose components are partment ofRoosevelt in lectedly agoverament Cindy near However, the court questioned blinded by clouded judgment and repository a Salt Lake Tribune interview by Denver and distributed to American whether the current permit process is crippled by distrust, a singular sinisMichael Vigh is as follows: I believe Indians a permit process. the least restrictive solution for safe- ter or conspiratorial plan is imposin the Constitution that we have free- Successfulthrough permit applicants typically guarding those interests. sible to construct, concluded Earl dom of religion. When law are inter- wait three years for an eagle carcass Devaney, the agencys inspector genpreted to restrict religion that has to and six to nine months for loose featheral. be looked at cateftilly. ers. Faced with demands that the deAccording to federal law, only enThe ruling last week focused on the explain lost records and partment rolled members of federally recoginaccurate balances for accounts said permit process and its restriction to nized tribes are allowed to possess American Indians enrolled in federto be worth as much as $10 billion. eagle feathers and parts. Hardman ally recognized tribes. Bureau of Indian Affairs workers reand Wilgus were convicted of possessThe government can constrain a treated into what Devaney described ing eagte feathers in separate cases. persons exercise ofreligion under the as "abunker mentality. The employees attempt to protect their own buOutstanding warrants of arrest reaucratic turf and then deny responof from 8 District Court Justice as sibility, the report said. Aug. 8 are as follows: In the end, it produced what George Rudolph Doyle, born July said one Interior official Devaney bail. 17, 1956, no called "a comedy of Jesse Eckes, born 23, 1970, an Barton-Coom- Uintah County Sheriff warrants Encourage friends & family to Buckle Up for Love" Automobile crashes are the leading cause of death for all children in the United States under the age of 15; we are no different in Utah. During 2000, 33 children under the age of 15 were killed in traffic crashes in Utah and another 2,979 children were injured. Howcan we decrease these numbers? By buckling children up. Fortunately, Utahs rate of child restraint use in increasing, but it isnt perfect. A survey taken in 2001 with the most recent data available found that 97.1of children undertwo years of age were properly restrained, but that percentage dropped to only 81.6 of children two toten years of age that were properly restrained. One of the most common mistakes parents make in restraining children is that they dont understand the need for different stages of child restraint use throughout a child's growth. Since many state laws only cover children through age two, many parents assume older kids are safe in just a seat belt. This is not the case! When children outgrow forward facing convertible seats at about age four and 40 pounds, they need to be restrained in booster seat until a they are big enough to propertyfit irt Sept. no bail. Ernie L. Frady, born June 11, 1945, no bail. Diana Lynn Garrison, bom Nov. 18, 1971, $10,000 warrant. Anyone with information about the location of these individuals should contact the Uintah County Sheriffs office at 789-2-5 11,- Central Dispatch 2 or by callor at Line at Witness Secret the ing an adult seat belt. The Utah Safety Councils Buckle Up For Love program was designed to encourage more families to buckle up. Many companies, schools, hospitals, doctors offices, health departments and individuals participate in this programby contactingthe Safety Council when they observe moving vehicles with unrestrained children on board. Buckle Up For Love is a purely educational program. 722-455- 8, 789-422- 781-540- 0. The Utah Safety Council recommends that: All children under 4 9" or weighing less than 80 pounds be restrained in an appropriate safety seat. All children under three years should be buckled in the back seat. All other occupants Bhould be buckled up at all times. If your car has air bags: g Never restrain an infant in a child safety seat in the front eat. Always property restrain all children under the age of 13 in the back eat. All occupants should bebuckled up at all tunes. Min1 errors. The report was released by lawyers for Indians who have won court orders requiringa frill accounting of the trust accounts. Interior officials have said they cannot vouch for the accuracy of the stated balances in the accounts, which hold the proceeds of government leases for Indian lands in the West. Some of the accounts date from 1887 and provide many Indian families with their nuyor source of income. Citingchargesmadeinthesixyeara of litigation over the accounts, Interior Solicitor General William Myers referred a number of questions of mismanagement to Devaney a year ago. The inspector generals report was completed in June, but officials said its public release was delayed until U.S. District Judge Royce Lamberth had reviewed the docu. Jesse Eckes Diana Garrison ment. While Norton was cleared by Devaney, she still feces possible sanctions from Lamberth, who has tried her on contempt ofcourt charges over her actions on the trust accounts. Lamberth has yet to rule on whether she or her top Indian affairs aide, Neal McCaleb, are guilty of contempt for not movingquickty enough to resolve tfrfcffcWuAt balances. Nortons predecessor, Bruce Babbitt, who headed the Interior Department during the Clinton administration, did not come off well in the new report. It said Babbitt and several of his top aides who made key decisions on the trust case "have refused to cooperate with investigators. rear-facin- Ernie Frady George Doyle County will fight lawsuit filed over closure of disposal ponds He is operating his business, we to eliminate the odor , and a great deal haven't shut hisbusinessdown, hejust of money has been spent trying to the smell, but without effec-cant dump in the pond." five results. Neighbors living around the ponds By Angela Eddington are not only bothered by the smell, Duchesne County is standing firm but are also concerned about the on their decision to reftiae a condi- chemicals emitted in the air that may tional use permit for a water disposal be hazardous to their health. Itsnot the odor, some of the chemicals operation, although they are currently just are stated resident Tammie odorless, Disfeeing a lawsuit filed by Water Pierce. posal Inc. Those living near the ponds report The suit, which was filed last Febhave experienced unexplained they 89 lists claims against separate ruary, the county protesting their derision headaches, breathing problems, stomtorioee the companys disposal pond. ach problems and other ailments. In addition, the odor and poor The court document alleges the derihas reportedly caused propsion to close the ponds was "based on values to drop significantly. Thoee public clamor... and influenced by erty to sell their homes must tell personal bias, and also that the county wanting buyers about the problem potential was "blatantly discriminatory or face lawsuits themselves, according against Water Disposal, Inc. baaed on to some nearby residents of the distheir treatment of other companies posal ponds. with similar odor complaints. There are also complaints of conRoosevelt businessman Chris Denver is the owner of Water Disposal, taminated culinary water wells, allocation of the Inc., located in North Crescent Until legedly the result ofthe earlier this year, Water Disposal had ponds and the injection well. The ponds have not always been a operated evaporation ponds that handle waste water brought in by oil problem. Residents who have lived in field tankers for disposal. When the the area since before the ponds were built remember earlier county denied the companys request originally to extend their conditional use per- owners of the ponds did everything to make sure residents were mit based on feilure to comply with possible not bothered by them. permit conditions, Denver was orIt was the residents in the area who dered to drain the ponds, but was allowed to continue to operate his allowed the ponds to be built in the first place on certain conditions and injection wells. "He is operating his business, we they say that "Chris Denver is not havent shut his business down, he of the residents are just cant dump in the ponds, ex-- time friends of Denver and dolongnot Duchesne County Deputy Slained Roland Uresk. want to put him out of business, but thqy all agree that something must be A mediation session was held Mondone. day, Aug. 5 to determine if litigation Although they would like to see the would be the beet way to take care of the issue. Duchesne County Commis- - business moved to another area, neighsioners and legal counsel invited resi-- bors who have lodged complaints said dents of the area surrounding the they would be satisfied if measures were taken to ensure that the odor : ponds to voice their concerns and to would no longer be a problem and see if they had suggestions of other harmfiil chemicals would not be inthe ways the problem might be solved. air. Denver had previously met with They are fiilty supportive of the he commissioners and legal counsel countys position to shut down the n Salt Lake City in a special media-- . ponds by denyingDenver's request to km session to aee if he would be renew his conditional use permit and igreeable to negotiations rather than believe that litigation is their best option in addressing the problem. itigation. According to Uresk, "The oounty is Although neighbors say the smell tas abated since the disposal ponds on solid ground, in the decision to rent being used, they vividly re--. fight the lawsuitin court because they ailed the strong; unpleasant odor believe they have substantial evidence mitted by the ponds. showing they have worked with Denable to spend a few ver previously to try and solve the to "I be ought ' linutes a day on my porch without problem. , The lawsuit, which wee filed in 3 talking outside and being cut-o-ff at he knees by the odor," said resident District Court in Park City, is exfeed Abegpen. pected to be on the docket for areview Effprta have been made by Denver hearing sometime this fall. A provi- - gion in a state law statute allows cases where a county is involved to be trans-contr(erred to a court; in a county that is wfriining ol Officer Andrew Cox worked as a corrections NOW ON THE FORCE officer at the Duchesne County Jail for four years before becoming a certified police officer and being hired by Roosevelt city. New officer hired by Roosevelt Police Dept. both the Duchesne County Jail and theSalt Lake City Prison. He rememThe Roosevelt Police Department bers that he always loved law enforcehas a new addition to its force. Andrew ment growing up, and is excited about Cox, 27, recently replaced officer Set h his new assignment. "What I enjoy most about my job Spencer, who had been with the department for a month before he was are the new experiences that it prohired by the Utah Highway Patrol and vides; I learn something new every had to relocate. day, Cox said. Cox eryoys hunting, fishing, and Cox, who has been workingas a frilltime officer on the Roosevelt Police spending time with his family. I le and force for three months, is a native of his wife, Stephanie, who is also a corWest Valley City. He found his way to rectional officer at the Duchesne Duchesne County is search of his County Jail, have been married for two years. Together they care for their dream to become a police officer. Cox began his career working as a fnurchildren: Page, Erin.Shclhv, and corrections officer for four years at Jordan. By Justin Pinegar Building official says commissioner was given same consideration as others By Lei lee E. Whiting Duchesne County Building Official Karl Mott Bays he's not responsible for legal troubles faced hy Duchesne County Commission Chairperson Lorna Stradinger over thecon-structio- n ofher new home because he provided her with the same information he gives to anyone who comes to his office to apply for anowner, 'builder permit. Stradinger, who was recently fined by the state for using an unlicenced contractor to help her build her cabin east of Duchesne in the Utah Mini Ranch Subdivision, had complained that the entire situation could have been avoided if Mott had explained that her gift to a friend who helped with the construction, could be in violation of the law. "What I explain to everybody (buildingtheirown home) is anything paid over and above reimbursement for meals, lodging or transportation could be considered a wage and once you start paying a wage it becomes more than just token compensation' and the person doing the work must be a licenced contractor. said Mott. Those who build their home under an ownerbuilder arrangement are exempt from state licensing laws. However, the law states that if the ownerbuilder has anyone else work on the project, that person must tie licensed by the state if they are paid anything above a "token amount such as gasoline, meals, transportation or lodging for their work. According to Mott, Stradinger was in his office when she talked about for a friend wh buying a had assisted in her building her home, to show her gratitude. She did mention an item for trade and I informed her that was a commodity and it would be a violation of law, said Mott. He said it was his responsibility to report the suspected violation to the state and then let state officials det ermine if the gift payment was in violation ofthe law. Aslate licensing investigator ended up citing Stradinger. Stradinger was fined $100aflcran administrative court judge found t hat her actions violated the "token payment rule. four-wheel- Stradinger isappcalingthejudges ruling because she believes the token payment rule should he more concise and because she feels it unfairly denies those building their own home the opportunity to express their appreciation toanyone who assists them in the construction process. 211 E 200 N, Roosevelt 609 W Main, Vernal 622-500- 7 y, 1 UBLD Has The Solutions. UBLD Now Has Prepaid Calling Phone Cards! 30 Minutes, Only $5.49! UBLD Offers Toll-Fre- e Numbers! Sign Up Today & Get $15 OFF The One-Tim- We're Keeping Loved Ones In Touch. TBT3D e Activation Fee! it;- ; LONG DISTANCE SERVICE ii.. 111 1, UBTA COMMUNICATIONS |