And now:Ish <[EMAIL PROTECTED]> writes: From: [EMAIL PROTECTED] Source: <A HREF="http://www.desnews.com/dn/view/0,1249,70001366,00.html?+"> http://www.desnews.com/dn/view/0,1249,70001366,00.html?</A> ======================================================= March 13, 1999 Utah wants say on lease for N-dump in Skull Valley By Joe Costanzo Deseret News staff writer The state of Utah was in federal court Friday demanding a role in the lease approval process for a nuclear waste storage site on the Goshute Tribe's Skull Valley Reservation. "The proposed project is of enormous importance to Utah," said Assistant Attorney General Philip C. Pugsley. "It constitutes a significant risk to public health and safety, and we feel the state needs to be involved." At issue is a bid by the state to intervene in the federal administrative process that will determine the fate of a lease of reservation land to Private Fuel Storage. Private Fuel Storage is a consortium of utility companies that wants to develop and operate a temporary high level nuclear waste storage facility for spent fuel rods on the Skull Valley reservation in Tooele County. The Skull Valley Band of the Goshute Tribe leased the property to the firm on May 20, 1997. On Wednesday, a group of Goshute tribal members � including 15 of the 25 people who actually live on the Skull Valley site � filed a federal lawsuit to have the lease declared null and void. The group's attorney, Duncan F. Steadman, was also in court Friday asking for a delay in the proceedings pending a ruling on whether his case and the state's will be consolidated. Both Steadman and Pugsley said the two cases raise many of the same issues, including whether the Bureau of Indian Affairs fully considered safety and environmental issues when one of its superintendent's approved the lease just three days after it was signed by Goshute and Private Fuel Storage representatives. However, U.S. District Judge Dale Kimball decided to hear the scheduled motions, saying he wouldn't rule on them until he's had a chance to consider the consolidation issue later this month. Friday's motions dealt with the BIA's denial of the state's request to intervene in the lease approval process. Pugsley argued the state's involvement is crucial to ensure that the interests of its citizens are considered. Attorneys for the federal government and Private Fuel Storage opposed the motions, arguing the state has no legal right to intervene in a process involving the affairs of a sovereign Indian nation. They also said the state will have ample opportunity to challenge the NRC's environmental impact statement. Specifically, the state is concerned that the BIA's decision to have the Nuclear Regulatory Commission conduct the required environmental assessment will leave critical gaps in the evaluation. For example, Pugsley said, the NRC isn't looking at the possibility that the temporary facility will become permanent. Under federal law, Indian lands can't be leased for longer than 50 years. The Goshute's lease with Private Fuel Storage is for 25 years with the possibility of a 25-year extension. But what happens if 50 years pass and there is still no permanent facility available for nuclear waste storage? Pugsley asked. The Skull Valley project might actually delay development of a permanent facility because it would "take the pressure off" the federal government, Pugsley said. "The BIA must consider the likelihood that the lease will exceed the maximum 50 years and that this will become a de facto permanent facility," Pugsley said. "If the NRC is not going to do it, the BIA has to." The state also wants to raise questions about the absence of an administrative record in the lease approval process, the absence of a safety review and other issues. It also wants to see an unedited copy of the lease. According to the lawsuit filed earlier this week, even members of the Goshute Tribal General Council have been denied access to the lease documents. Assistant U.S. Attorney Stephen L. Roth said the nuclear agency is conducting the environmental study required under the National Environmental Policy Act because it has the technical expertise that is required. "The state's concerns deal with NEPA (National Environmental Policy Act), not any kind of Indian law," Roth said. "NEPA requires review of all relevant factors. At the end, if the state is dissatisfied, NEPA is its remedy." Margaret A. Swimmer, an attorney for Private Fuel Storage, agreed, saying the state can question the BIA lease action through the Environmental Impact Study process. The lease isn't final until the EIS is completed and accepted by the BIA, she explained. ======================================================= ------------------------------------------------------------------------ Ideas on how we can improve ONElist? http://www.onelist.com Check out the Suggestion Box feature on our new web site ------------------------------------------------------------------------ DOEWatch List --- Subscribe online: http://www.onelist.com/subscribe.cgi/doewatch"We have discovered the most terrible bomb in the history of the world. It may be the fire destruction prophesized in the Euphrates Valley Era, after Noah and his fabulous Ark. Anyway we think we have found the way to cause the disintegration of the atom." -Quote from Truman's diary July 25, 45 after Pottsdam and the "baby was born"""The Doctor of the future will give No Medicine, but will interest his patients in the care of the human frame, in diet, and in the cause and prevention of disease."."-Attributed to Thomas Alva Edisonn"In a time of universal deceit, telling the truth is a revolutionary act"t"-George Orwell &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
