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Utah’s handling of Tabby Mountain sale draws rebuke from Ute Tribe

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Utah’s handling of Tabby Mountain sale draws rebuke from Ute Tribe


Tribal chairman denounces ‘back-room shenanigans’ that price tribe an opportunity of regaining a few of its homeland.

(Rick Egan | The Salt Lake Tribune) Utah’s Tabby Mountain gives scenic massive sport habitat within the western Uinta Basin, on Thursday, Sept. 22, 2022. The Utah Division of Pure Assets has tried shopping for 28,400 acres of belief lands right here to handle as wildlife protect open to the general public, however was outbid by the Ute Indian Tribe.

In response to reporting by The Salt Lake Tribune, Ute tribal officers on Thursday accused Utah state officers of partaking “back-room shenanigans” to deprive the tribe of a shot at buying Tabby Mountain. As soon as an essential a part of the tribe’s territory, this piece of the Uinta Basin is now state belief land, managed for the good thing about Utah’s public colleges.

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However the Ute Indian Tribe tribe desires this land again and is prepared to pay for it, based on tribal enterprise committee chairman Shaun Chapoose.

In 2018, the Utah Faculty and Institutional Belief Lands Administration (SITLA) solicited bids for this 28,500-acre block, which had lengthy been coveted by the Utah Division of Pure Assets (DNR) with the intention of managing these lands as a wildlife protect and state forest open to public recreation and searching.

The tribe submitted a sealed bid of $47 million, nevertheless, far above what DNR initially bid, based on a whistleblower criticism filed Aug. 30 by the previous SITLA staffer who oversaw the sale. As a substitute of accepting the tribe’s bid, SITLA extracted a $50 million supply from the state, which it might not going cowl, then scuttled the gross sales course of and has but to restart it, based on the whistleblower Tim Donaldson.

“It’s unhealthy sufficient that the Tribe has to spend tens of millions of {dollars} simply to purchase again its personal land,” Chapoose stated in a ready assertion, “however what actually grates is the deceit and treachery with which the State has acted with a view to block the sale from going by to the Tribe, as the very best bidder.”

His remarks got here greater than per week after The Tribune revealed a protracted article in regards to the failed sale. Tribal officers, nevertheless, didn’t reply to requests for remark previous to the story’s publication in print on Sept. 18 and later on-line.

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SITLA officers contend the tribe truly was not the very best bidder on the finish of the method, because the state responded with one thing larger than the tribe’s, and the choice to droop the sale was in the most effective curiosity of the college belief.

“SITLA appreciates and values our relationship with the Ute Indian Tribe. We take their considerations very significantly. The SITLA Board paused the method to handle a number of considerations,” stated SITLA director Michelle McConkie. “First, the beneficiaries raised considerations from the start about appraisal flaws and a rushed course of that discouraged extra aggressive bids. Additionally they weighed the potential for unintended hurt to the belief’s independence from laws aimed toward gross sales of belief lands.”

Whereas many Utahns wish to see Tabby put aside for public entry, Chapoose stated the general public shouldn’t lose sight of the truth that the mountain initially belonged to his tribe.

“From time immemorial these lands have been a part of our Tribe’s aboriginal and ancestral lands,” stated Chapoose, who counseled Donaldson for stepping ahead.

Named for a Timpanogos tribal chief, Tabby Mountain is inside the historic boundaries of what was initially generally known as the Uintah Valley Reservation, established in 1861. Starting in 1902, nevertheless, tribal lands have been drastically diminished after the federal authorities opened “surplus lands” within the Uinta Basin to white settlement leading to right this moment’s complicated patchwork of tribal and non-tribal land.

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Now the tribe desires a few of this land again and is prepared to pay prime greenback for scenic, untrammeled locations like Tabby, which rises to an elevation of 10,000 ft within the western a part of Duchesne County.

Together with 1 million different acres of previously tribal land, Tabby was integrated into the federal reserve put aside in 1908 and have become what is understood right this moment as Ashley Nationwide Forest, based on the tribe’s assertion. The U.S. Forest Service later transferred Tabby to the state, including to its portfolio of belief lands. Underneath federal regulation and the Utah Structure, belief lands are to be managed for the only goal of producing income for training and different public beneficiaries.

SITLA’s guidelines for gross sales of belief lands are structured to make sure the very best deal for the college belief. However in a rush to appease state political leaders, SITLA bent these guidelines and wound up sabotaging any deal that didn’t lead to DNR controlling Tabby, the criticism Donaldson filed with State Auditor’s Workplace alleges.

Donaldson’s criticism was the primary public disclosure that the tribe bid on Tabby and that it had outbid DNR’s preliminary supply.

He says SITLA bosses and state lawmakers pressured him to not enable Tabby to be offered to the tribe, which was the one different bidder. A number of undisclosed events had expressed an curiosity, however the 30-day wintertime bidding window most likely precluded others from collaborating.

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The SITLA board voted Feb. 22, 2019 to droop the sale after belief beneficiaries complained the flawed gross sales course of wouldn’t lead to optimum bids as required by SITLA’s mandate, based on officers.

“We wish to be clear in regards to the bids. The state, because the petitioner, bid $41 million, and the Ute Indian Tribe bid $47 million,” stated SITLA spokeswoman Marla Kennedy. “The state then countered with $50 million, emphasizing that preserving public entry was their prime precedence.”

Earlier than Donaldson’s criticism turned public, Chapoose stated, he had no thought in regards to the strain SITLA employees members have been below to make the sale go a sure manner.

“Till now the Tribe believed that SITLA and the State of Utah have been appearing in good religion,” Chapoose stated. “Nevertheless it’s clear now that the State tried to stack the deck in opposition to the Tribe from the start.”

SITLA’s final communication to the tribe concerning Tabby Mountain was a letter in 2019 explaining that the sale was being postponed and the state would notify the tribe when SITLA “determines to maneuver ahead,” based on Chapoose’s assertion. The tribe stated it’s now evaluating its subsequent steps.

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Utah

As the Youth Group Hiked, First Came the Rain. Then Came the Lightning

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As the Youth Group Hiked, First Came the Rain. Then Came the Lightning


Seven members of a youth group hiking in Utah were transported to hospitals on Thursday after lightning struck the ground near them. The Church of Jesus Christ of Latter-day Saints youth group from Salina, Utah, were in the eastern part of Sevier County around 1:45pm local time when a light rain began and the lightning hit, Sevier County Sheriff Nathan Curtis said in a statement. “Approximately 50 youth felt the shock of the lightning,” Curtis said, adding that seven of the young people had “medical concerns due to the electrocution,” per the AP.

Two of the victims had serious symptoms and were flown by helicopter to Primary Children’s Hospital in Lehi, Utah. Five others were transported by ambulance to Sevier Valley Hospital in Richfield and Gunnison Valley Hospital in Gunnison, Curtis said. None of the injuries were considered life-threatening, according to Curtis, who said the other hikers were returned to their families in Salina, about 140 miles south of Salt Lake City. (A man trying to warn kids was killed by a lightning strike on a New Jersey beach.)

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7 Church youth group members hospitalized after lightning strikes Utah hiking area

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7 Church youth group members hospitalized after lightning strikes Utah hiking area


SEVIER COUNTY, Utah – Seven members of a youth group from the Church of Jesus Christ of Latter-day Saints were hospitalized Thursday after lightning struck near their hiking trail in south-central Utah.

The Sevier County Sheriff’s Office said a group of around 50 members were near an area known as Fremont Junction when the sudden rainstorm happened around 1:45 p.m. local time.

“Two of the youth were experiencing some serious symptoms and were flown via medical helicopter to Primary children’s hospital in Lehi. The rest of the youth were taken to Gunnison hospital and Sevier Valley Hospital,” deputies stated.

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All of the injuries were thought to be non-life threatening, and the rest of the members were transported safely off the hiking trail.

SOUTHWEST MONSOON SEASON SHOWS SIGNS OF LIFE AFTER SLUGGISH START

Authorities praised the swift response of multiple agencies involved in the remote rescue operation.

The thunderstorm that triggered the rainfall and the lightning us part of an uptick of the monsoon season that has been scarce across the region.

The Southwest monsoon season typically kicks off around June 15 and lasts through late September, but its activity varies dramatically year by year.

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Some communities in Arizona, New Mexico, Utah and West Texas see half of their annual precipitation during these months, which is vital for the replenishment of waterways.

Lightning often accompanies the strongest storms, which can spark wildfires where dry vegetation exists.

LIGHTNING FATALITIES WERE SECOND-LOWEST ON RECORD IN 2023, SAFETY COUNCIL SAYS

Every year, hundreds of millions of lightning bolts occur throughout the U.S. but only a handful become deadly.

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Data compiled by the National Lightning Safety Council shows fishing is one of the top activities where most deaths occur.

In 2023, 14 people were killed by lightning strikes, with many taking part in outdoor sporting activities when thunder roared.



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How the SCOTUS ruling on Idaho’s emergency abortion ban will affect patient transfers to Utah

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How the SCOTUS ruling on Idaho’s emergency abortion ban will affect patient transfers to Utah


SALT LAKE CITY — The United States Supreme Court sidestepped a decision Thursday on whether federal law requires states to provide pregnancy terminations in medical emergencies even in cases where the procedure would otherwise be illegal.

Instead, the court’s opinion – which stems from Idaho’s near-total abortion ban – kicked the legal questions surfaced in the case back to the lower courts and reinstated a previous ruling that will allow doctors in the state to perform emergency abortions in the meantime.

That means women in Idaho are unlikely – at least for now – to be airlifted to nearby states like Utah for the procedure.

“After today, there will be a few months — maybe a few years — during which doctors may no longer need to airlift pregnant patients out of Idaho,” Justice Ketanji Brown Jackson wrote of the decision’s impact, in an opinion that dissented in part and concurred in part with the broader court’s ruling.

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But the dismissal of the case leaves open key legal questions and sets up the potential that the issue of emergency room abortion care will come to the court again in the future.

In her brief, Jackson was critical of the court’s indecision, arguing that the ruling represented “not a victory” for Idaho patients but a “delay” – and that doctors still face the difficult decision of “whether to provide emergency medical care in the midst of highly charged legal circumstances.”

Conservatives Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett joined Jackson and her liberal colleagues, Justices Elena Kagan and Sonia Sotomayor, in the 6-3 opinion, which was erroneously posted online Wednesday. Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissented.

In his opinion, Alito also argued that the legal questions in the case – which come as abortion has become a political flashpoint in the U.S. presidential election – should have been decided, saying it was as “ripe for decision as it will ever be.”

“Apparently, the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents,” he wrote.

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Alito indicated that he would have ruled against the Biden administration’s interpretation that the federal Emergency Medical Treatment & Labor Act (EMTALA), which requires hospital emergency rooms that receive Medicare funding to provide treatment to people experiencing medical emergencies, supersedes Idaho’s abortion ban.

Idaho law allows doctors to terminate a pregnancy for any woman with emergency health complications who is clearly on the brink of death. But it’s quiet on the question of what to do when pregnancy complications put someone’s health at risk but don’t imminently risk her life.

Under threat of jail time and loss of their medical licenses, Idaho doctors said prior to Thursday’s ruling that they sometimes had no choice under such circumstances but to send a woman across state lines by helicopter or advise her to otherwise get to another state for treatment.

“Those transfers measure the difference between the life-threatening conditions Idaho will allow hospitals to treat and the health-threatening conditions it will not,” Kagan wrote in a concurring opinion Thursday.

Some women were transferred to reliably blue states like Washington and Oregon. But Utah’s capital was “one of the places we’ll tend to call first,” Stacy Seyb, a physician specializing in maternal-fetal medicine at St. Luke’s Hospital in Boise, told FOX 13 earlier this year.

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While abortion remains legal up to 18 weeks in Utah, a near-total ban is currently on hold pending a ruling from the Utah Supreme Court.

Rep. Karianne Lisonbee, R-Clearfield, sponsored the abortion ban in the House and noted in a statement that “today’s Supreme Court ruling has no direct implications on Utah’s strong pro-life laws, including our trigger law.” “Utah will continue to stand up for policies that protect the unborn,” she added.

Thursday’s ruling does mean doctors in Idaho likely won’t have to airlift patients to Utah and other states, which Planned Parenthood Association of Utah Chief Corporate Affairs Office Shireen Ghorbani called a “small victory.”

“But what should have happened honestly is the Supreme Court should have said you have a right to emergency medical treatment, you’ve had that right for 40 years and you should have the right to an abortion if that is the appropriate medical care for the complication for the experience that you’re having,” she argued.

Regardless of the court’s decision, Ghorbani said she expects some Idaho women will still have to come to Utah for abortion care.

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“Twenty two percent of their OBGYNs have left the state, they are running very low on specialists in maternal-fetal medicine,” Ghorbani noted. “That reality has now been created for people who live in Idaho. So there may still be people from Idaho who are seeking emergency medical care in Utah and this is what happens when we ring this bell.”

Recently released data from the Guttmacher Institute, a research group that supports abortion rights, showed that 7% of all abortions performed in the state last year were for non-residents coming to Utah from Idaho. The data showed some Utah women also traveled out of state in 2023, to both Nevada and Colorado.





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