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<A 
HREF="http://www.sltrib.com/04131999/utah/97613.htm">http://www.sltrib.com/041
31999/utah/97613.htm</A>
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April 13, 1999 
Judge Won't Let Utah Review Goshute Lease for N-Dump

BY JIM WOOLF 
THE SALT LAKE TRIBUNE 

    Utah will not participate in the federal review of a lease the Skull 
Valley Band of Goshutes signed with a private company proposing to store 
high-level radioactive waste on their land, a federal judge has ruled. 
    But U.S. District Court Judge Dale A. Kimball said he wants to hear more 
arguments before ruling on the state's request to make public the terms of 
that lease between the tribe and Private Fuel Storage (PFS) -- a consortium 
of eight electric utilities with nuclear-power plants. 
    Copies of the lease obtained under the Freedom of Information Act have 
the amount the tribe will be paid blacked out. Federal officials claim this 
is private business information exempt from public release. 
    Kimball also agreed to combine the state's lawsuit with a similar suit 
filed by another group of Goshutes angry about their leaders' decision to 
lease land for the storage of such dangerous material. The dissident Goshutes 
also want to know how much the tribe is being paid by PFS. 
    Philip C. Pugsley, an attorney for the state, said he "disagrees 
strongly" with Kimball's decision to prevent Utah from participating in the 
review of the Goshute lease. "We'll probably appeal that in due course." 
    Utah Gov. Mike Leavitt has been outspoken in his opposition to the 
storage facility, throwing as many obstacles as state officials can dream up. 
Participation in the federal lease review would give state officials another 
forum to voice their concerns. 
    Although the lease was signed by the Skull Valley Band of Goshutes and 
PFS, it must be approved by the U.S. Bureau of Indian Affairs. That agency 
has given its preliminary approval to the lease. But final approval will be 
conditional on the completion of an environmental impact statement and a 
decision by the U.S. Nuclear Regulatory Commission that the waste can be 
handled safely at the site. 
    In arguments before the court, attorneys for the state said they wanted 
to be involved when the Bureau of Indian Affairs makes its final decision on 
the lease. They want the agency to be very careful and demanding in its 
review. 
    But federal attorneys said Utahns can voice their concerns during the 
environmental review and the safety study. If they don't like the results, 
the decision can be challenged in court. 
    They said it would be unfair to let state officials sit with federal 
regulators when they make the final lease decision. Kimball, in a decision 
issued Friday, agreed with the federal attorneys and excluded the state from 
these deliberations. 
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