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Show C Y M K December 11, 2008 Full Time Professional Real Estate Services Serving Escalante, Boulder, Brian Head & St. George www.trailsendre.com For Great Real Estate Service.... Come Visit Us at 10 W. Main St., Escalante or Call Leslie Venuti 435-668-0540 or Denise Olson 435-680-4663. We can show all properties in the area and assist you with all your buying or selling needs. LISTINGS – ESCALANTE - Custom 2 story brick/stucco home with full bsmt on 2.5 acres. Large kitchen, fantastic views, detached salon & much more. Two parcels. Call Leslie for details. - B&B w/ great financials & recent appraisel. Turn-key; ready for you to live your dream. Call Denise for more details. - 3.79 acres Res/Comm property w/ 6 trailers, great potential. Call for details. - 13 Acres. You’ll love the views when you drive up this road to the perfect homesite. Bring your plans or your yurt and start building today! Only $99,900. Bring All Offers. - 11+ Acres in the center of town with culinary meter and 4 irrigation shares. Great price at $150,000. LISTINGS--BouLdER - 171 Acres in Town with Views, Views & more Views! Lots of irrigation and a pond. Can be subdivided. Price Reduced. LISTINGS--ouT oF AREA - Nice Clean Mobile Home on rented lot - Only $23,000 w/ furniture. St. George. - Cute & Clean 2 bed/1 bath Cottage in Beaver on .41 acre for only $139,900. blm announces final rule for land withdrawals The Bureau of Land Management (BLM) will publish tomorrow, December 5, in the Federal Register a Final Rule eliminating the portion of existing regulations providing for committee-directed emergency withdrawal of lands from the operation of various public land laws. Under Section 204(e) of the 1976 Federal Land Policy and Management Act (FLPMA) and current BLM regulations providing for emergency withdrawals, 43 CFR 2310.5, the Secretary of the Interior (Secretary) must withdraw lands immediately upon determining that an emergency exists and that extraordinary measures need to be taken to protect natural resources or resource values that otherwise would be lost. The statute and regulations also provide that the Secretary must follow the same course if a similar determination is made by either of two congressional committees specified in Section 204(e) and appropriate notification is made by that committee to the Secretary. Since at least 1981, questions have been raised concerning the constitutionality of the congressional committee notification provision of Section 204(e). In one instance, a District Court found it unnecessary to opine on the constitutionality of this portion of section 204(e) of FLPMA because the Secretary had bound himself through the regulations at 43 C.F.R. 2310.5. The final rule, by removing the regulations, would remove a potential impediment to judicial resolution of the constitutionality of the statutory provision. The statutory language in FLPMA Section 204(e) providing for a committee-directed emergency withdrawal remainsunchanged under the final rule. The BLM published a proposed rule to remove both committee-directed and Secretary-initiated emergency withdrawals on October 10, 2008 (73 FR 60212 (2008)), initiating a 15-day public comment period. The rationale for the proposed rule was twofold; one, the existing regulations for emergency withdrawals are redundant, as the segregation of lands provided for in the conventional withdrawal process is equally as effective at protecting resources as are emergency withdrawals and provide for a public process in the decision-making; and two, the committee-directed withdrawal presents constitutional issues. While the BLM continues to believe that the regulations for Secretary-initiated emergency withdrawals is redundant, the BLM decided not to remove the emergency withdrawal regulations in their entirety in response to public comments. The Final Rule removes only the congressional committee-directed withdrawal provision of the regulation, but retains a procedure whereby the Secretary can initiate an emergency withdrawal. The BLM manages more land – 258 million acres – than any other Federal agency. Most of this public land is located in 12 Western states, including Alaska. The BLM, with a budget of about $1 billion, also administers 700 million acres of sub-surface mineral estate throughout the nation. The BLM’s multiple-use mission is to sustain the health and productivity of the public lands for the use and enjoyment of present and future generations. The BLM accomplishes this by managing such activities as outdoor recreation, livestock grazing, mineral development, and energy production, and by conserving natural, historical, cultural, and other resources on public lands. The Garfield County Insider blue Cross ChIroPraCtIC exClusIon: bad faith? THE ELDERLAW FORUM ~ Professor Michael Myers Health insurance companies are middlemen and middle women. They do not treat. They do not cure. They do not provide what patients seek. They are “paper-shufflers.” They are “intermediaries.” They are “profit centers.” They intercept monies paid by both healthy and unhealthy “insureds,” extract what the market will bear, and distribute the balance to healthcare systems that increasingly employ physicians, nurses and other previously independent practitioners. It is a profitable enterprise. It is profitable, in part, because of its strong lobby—particularly with “probusiness” state legislators who find lobbyists-withmoney more attractive than citizens-with-illnesses. A 62-year-old woman—long insured by Blue Cross-Blue Shield--who called my senior helpline experienced legislation that “giveth” with one statute but “taketh away” with another. She was covered by a group Blue Cross-Blue Shield policy from April 1, 2000, to June 1, 2005, when she was forced to convert to an individual policy upon the closing of her employer’s business. As a condition of the conversion the Blues required her to sign an “amendment” stating “it will not provide benefits in connection with any treatment sought for the spine.” She had previously received two chiropractic treatments for shoulder discomfort. “I thought the amendment meant they would not pay for chiropractic care,” she said. It turned out she was mistaken. She was referred by her family doctor to an orthopedist who performed an MRI, advised that the shoulder pain was related to an impaired cervical disc and recommended surgery, at a projected cost of $70,000 to $80,000. The MRI cost $2,119. The Blues notified her it would not pay for the MRI, or the recommended surgery. It relied upon the amendment, known as a “rider.” Here is where the “pro-business” legislators become relevant. A state statute provides that insurers may not exclude coverage for pre-existing conditions for a period longer than 12 months from the effective date of the policy, protecting insurers from the “moral hazard” of sick persons obtaining immediate coverage. But another statute allows the insurer to circumvent the 12-month limitation by attaching the type of rider signed by the caller, authorized by a rather obscure sentence stating that any rider which reduces benefits simply “requires the signed acceptance of the policyholder.” My advice: Before signing such a rider, challenge the Blues’ position that a visit to a chiropractor excludes coverage for treatment related to the spine beyond the general 12-month pre-existing exclusion period. Inform the Blues its position has the appearance of “bad faith.” C M Y K Page 7 It’s time for a little FREE Holiday Cheer! 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