ML20198R203

Response to Skull Valley Band of Goshutes to Further Supplemental Memorandum in Support of Petition of Confederated Tribes of Goshute Reservation & D Pete to Intervene & for Hearing.* W/Certificate of Svc

ML20198R203
Person / Time
Site:	07200022
Issue date:	01/07/1998
From:	Quintana D AFFILIATION NOT ASSIGNED, SKULL VALLEY BAND OF GOSHUTE INDIANS
To:	Atomic Safety and Licensing Board Panel
References
CON-#198-18736 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9801230245
Download: ML20198R203 (7)

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DOCKETED USHRC United States Of America Nuclear Regulatory Conunission Before the Atomic Safety and Licensine Boardgg g jf - p3 *10 J

In the matter of

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Docket No. 72 j " '

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ASLDP No. 97 732-02.lSPSI RESPONSE OF SKULL VALLEY HAND OF GOSilUTFS TO FURTilER SUPPLEMENTAL MEMORANDUM IN SUPPPORT OF Tile PETITION OF Tile CONFEDERATED TRIBES OF Tile GOSilUTE RESERVATION AND DAVID PETE TO INTERVENE AND FOR A IIEARING The Confederated Tribes of the Goshute Reservatien seeks to intervene in this proceeding based upon the spurious claim that ecrtain ofits members visit the Skull Valley Reservation, gather and eat food that grows in the " Skull Valley area," and are othenvise directly affected by what happens on the Skull Valley reservation. The Skull Band of Goshutes is a tribe separate and apart from the Confederated Tribes of the Goshute Reservation As a matter of Federal law, Skull Valley and the Confederated Tribes are completely separate entities. They have ditTerent F:deral ID numbers and different agencies under the Bureau ofIndian Atrairs. Elections in Ibapah for the Confederated Tribes do not have any impact on the members of Skull Valley and vice versa. As has previously been set fonh in other pleadings, the Skull Valley Reservation is at least 60 miles as the crow flies, from the Confederated Tribes, whose Reservation extends into Nevada. The two Reservations are separated by three mountain ranges and one major descret. By ear, the distance is at least 180 miles.

The Con ederated Tribes have no rights on or to the Skull %Iley Reservation and r

_ therefore do not have standing to intervene in this proceeding. The Band respectfully EY " E F= M aa ll I.ll I.lll.ll.ll.lll. l.l yJSo3 40

submits that this position is indisputable based upon the actions and statements of the Confederated tribes itself.

On October 4,1992, Leon D. Bear, the now Chairman of the Skull Valley lland was hunting with his brother on the Confederated Tribes' Reservation at the Deep Creek Mountain Range. On that date, at approximately 11:15 a.m., Leon and his brother were stopped by a Confederated Tribes' Tribal Law Enforcement Ollicer, wno confiscated their hunting rifles. 'The two were also charged with criminal trespass on the Confederated Tribe's Reservation. Exhibit I is a copy of the Appearance Ticket / Complaint issued to Mr. Bear by the Confederated Tribes' Tribal Law Enforcement Ollicer.

Aller several aticmpts to resolve thi, matter, on December 23,1992, John Paul Kennedy, counsel for the ConfederateJ Tribes, f.nally wrote to the undersigned counsel for the Skull Valley lland offering to drop the criminal charges, "if they [ Leon D. Bear and his brother] vrould stipulate that they have no right to hunt and fish (or gather) on the Goshute Reservation at lbapah and they would not da so in the fiiture without written authorization of the T ribal Business Council at lbapah "

A copy of Kennedy's letter is attached as Exhibit 2. Since it is the Confederated Tribes' position that members of the Skull Valley Band are trespassing on the Confederated tribes' Reservation when they h mt, fish and gather without " written authorization' of the Confederated Tribes' Business Council, then as a matter of simple reciprocity (.let alone fairness and equity), the members of the Confederated Tribes can have no greater rights with respect to the Skull Valley Reservation. The Confedera'ed Tribes should certainly not be enti:!cd to claim credit for access to and the hospitality of the Skull Valley Reservation when they treat access to their own reservation by members

of the Skull Valley Band as a criminal trespass. The Confederated Tribes are estopped from claiming any rights to the Skull Valley Reservation. This lionorable Court can take judicial notice that there are over 500 Federally recognized tribes in the United States.

Each have their own government. Many still have their own reservations. Some share reservations like the Confederated Goshutes who include within their membership, Piautes and Western Shoshones. The Uintah r.nd Ouray Reservation in Northecst Utah includes White River and Uncompadre Utes and Uintahs. The language groups and blood lines have resulted in tribes having some proximity to each other, like the various Sioux and Oklahoma tribes.110 wever, where tribes have defined borders and Federal ID numbers, dilTerent B.I. A. agencies and completely different governments, they are separate tribes.

Unless members are enrolled in both tribes, which is clearly not the case here, they have no rights in the internal alTairs of the other tribe. Only Congress under Article 1, Section 8 has the power "To regu! ate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Governor Michael"over my dead body" Leavitt and Mr. Kennedy seem to be oblivious to this ftmdamental legal principle. The Skull Valley Band of Goshutes respectfully pray that the Confederated Tribes of Goshute Reservation be denied intervention in this proceeding.

DA'l ED this 7* January,1998.

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December 23, 1992 Dy Telefax: 521-462b Mr. Danriy Quintanna Judge Buildjng, Suite ~135 0 1:an t Brcadway Salt Lake City, Utah 64111 Re lluriting trespass

Dear Danny:

1 teceived 'rour proposed agreement on gaming.

I inust say that ' he proposal was nothing like what I discussed j

with you.

To reiterate my clients' position:

If your individual clients would like to avoid going t.hrough a criminal trial on the hunt ing matt er, the Goshuto Tribe at !bapah would be willing to resolve the matter at they would stipulate that they have no right to hunt and Iich (or gather) on Lbc Goshute 11cservation at Ibapah and that they would not do so in the future without written author itation of the Tribal Dusincan Council at Ibapah. I suggested that since they are the leaders at Skull Valley, they chould have a council resolution setting forth the foregoing co we don't have signilar problems with others in the future.

Yout draft sets forth numerous matters which I am certain would be unacceptable t.o the Goshute Tribo at lbapan.

If the case is resolved. I am confident that we can arrange for the speedy return of the rifler.. Short of resolution, however, I think the police will object to such a return.

Pleat.e let me know as t. con as posulbic whether your clients want. Lo resolve than matter along the lines I've indicated.

If not, the case should go torward.

Yours very tru

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L DOCKETED'-

USHRC CERTIFICATE OF SERVICE 1 hereby certify that copics of the above Response were served uponke h d s

. indicated below in the manner stated on the date stated:

OFFICE Oc SEfiEiMY Attn: Docketing & Senice Branch

. Dr. ' Jerry R. Kline - [U Secretary of the Commission

. Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop 016Gl5 U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Flint Nonh Washington, D.C. 20555 Rockville, MD 20852-2738 cmailjrk2@nre gov (origitud uixt two copis's - l's d.16. Only)

G. Paul Bollwerk,111, Chairman Dr. Peter S. Lam Administrative Judge Administrative Judge Atomic Safety and Licensing Board

_ Atomic Safety and Licensin~ Board g

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission-Washington, D.C. 20555 Washington, D.C. 20555

- email gpb@nrc. gov -

email psl@nrc. gov Ollice of the Secretary Sherwin E. Turk, Esq.

- Attni Rulemakings and Adjudication Staff Catherine L. Marco, Esq.

U.S. Nuclear Regulatory Commission Ollice of General Counsel Washington, D.C. 20555 U.S. Nuclear Regulator Commission (Fed. In, Only)

Mail Stop: 0-15 Bl8 Washington, D.C. 20555 Fax: 3014115-3725 email SET @nrc. gov

. Jay E. Silberg, Esq Jean Belille, Esq.

Shaw, Pittman, Potts & Trowbridge Land and Water Fund of the Rockies 2300 N Street N.W.

2260 Baseline Road, Suite 200 Washington, D.C. 20037-8007 Boulder, Colorado 80302 e

Fax: 202-663-8007 Fax: 303-786-8054

. jay,,,silberg@shawpittman.co n landwater@lawfund.org Diane Curran, Esq.

Ilarmon, Curran & Spielberg 2001 S Street, N.W., Suite 430

. Washington, D.C. 20009 Fax: 202-328-6918 dicurran@aol.com 11 l-l~

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- [ Connie Nakahara, Esq.

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< Utah Dep. Of Envirorimental Quality ~

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P.O. Box' 144810 Salt Lake Cit, Utah 84114 4810 Fax

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Clayton J. Parr, Esq..

Kimball, Parr, Waddoups, Brown & Gee "

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185 S. State #1300, ti Salt Lake City, Utah $4147-0019 Faxi 801;532-7751 f,

., johnson @kimballparr.com---

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b Dated:~- January 13,1998.~

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